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Chap. L. CopyrigM No. 

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UNITED STATES OF AMERICA. 



(^ 



ARKANSAS AND THE NATION 

HOW THEY ARE GOVERNED 

For the Use of Schools, Teachers' Institutes 
and for Private Instruction 



BY, 



LEWIS RHOTON 



MEMBER OF THE LITTLE ROCK BAR, AND LA'l E PRINCIPAL OF THE LITTLE ROCK 
PUBLIC HIGH SCHOOL 



A 



AND 



WILLIAM J. GALBRAITH 



PROFESSOR OF CIVICS IN WISCONSIN STATE NORMAL SCHOOL, WHITEWATER, AND LATE 
PRINCIPAL OF CENTENNIAL PUBLIC SCHOOL, LITTLE ROCK, ARKANSAS 



WILSON AND WEBB 

BOOK AND STATIONERY COMPANY 

LITTLE ROCK, ARKANSAS. 



^t% W^CEfVED 




''^' ' . /yK 



2980 



COPYRIGHT, 1898, 

By Lewis Rhoton and William J. Galbraith, 



PREFACE. 

One aim of our schools should be to inculcate the 
principles of true citizenship. The state of Arkansas 
expends about $1,250,000 annually for the education of 
her children. It goes without saying that citizens 
should be honest, industrious, law-abiding, and patri- 
otic; but one might possess all these desirable attri- 
butes, and still fall far short of the ideal citizen. The 
slave, who, after three centuries of bondage, was by 
three amendments, within less than five years, given 
freedom, citizenship, and suffrage, was not thereby in- 
vested with that quality which is the sine qua non of 
a true citizen of a republic. For in a republic one 
must possess a knowledge of the working principles of 
one's government, that will enable one to select intelli- 
gently the school, township, county, state, city, and 
national servants, and, if need be, to become oneself 
a useful public servant. Strong and abiding con- 
victions are born only of intelligence. Knowledge is 
the parent of love; and an enduring love must be 
based upon a thorough understanding of its object. 
Therefore, patriotism, love of one's country, can find 
lodgment in the breast of him, only, who has made a 
careful study of the history of his people and the prin- 
ciples of the government under which he lives. 



4 PREFACE, 

Hence we are constrained to believe that the study 
of civil government deserves and demands a place in 
our public schools. It is for the purpose of hasten- 
ing the day when it shall have this recognition, and of 
promoting the study of state and national civics that 
this little book is written. 

We acknowledge in the preparation of this work our 
indebtedness to Messrs. Dole and Fiske. 

Lewis Rhoton. 
William J. Galbraith. 

Little Rock, Ark. 



CONTENTS. 
Part I. 

CIVIL GOVERNMENT OF ARKANSAS. 
HISTORICAL SKETCH. 

Louisiana Purchase 9 

Territory of Orleans and District of Louisiana .... 9 

Territory of Arkansas 10 

The State 10 

The Constitutions . . , 10 

Capitals 11 

Boundaries of the State 11 

The Six Governments 11 

CHAPTER I. 

The Home il 

CHAPTER II. 

OUR SCHOOL SYSTEM. 

Act of Congress 14 

State Constitutions 14 

The Legislative Acts 14 

School Funds 15 

School District 16 

School Officers 16 

CHAPTER III, 

THE TOWN OR TOWNSHIP. 

Origin 20 

The New England Town 21 

The Illinois Town 22 

The Arkansas Township 24 

Township Officers 24 

[5] 



6 CONTENTS, 

CHAPTER IV. 

THE COUNTY. 

Origin 29 

Executive Department 30 

Judicial Department 37 

Legislative Department 39 

CHAPTER V 

THE STATE. 

Origin 40 

Legislative Department 43 

General Assembly 43 

Declaration of Rights 52 

Executive Department 54 

Governor 55 

Auditor 58 

Treasurer 59 

Attorney-general 59 

Commissioner of State Lands 60 

Commissioner of Mining, Manufacturing, and Agri- 
culture ' . . . 60 

Superintendent of Public Instruction 60 

Boards Composed of State Officers 61 

Judicial Department 63 

Supreme Court - 63 

Circuit Courts 65 

Chancery Courts 68 

Courts of Common Pleas 69 

Special Judges 69 

CHAPTER VI. 

MUNICIPAL GOVERNMENT. 

Cities of the First Class 70 

Executive Department 71 

Legislative Department 72 

Judicial Department . 73 

Cities of the Second Class 74 

Incorporated Towns 75 

Municipal Governments in General 76 



CONTENTS, 7 
CHAPTER VII. 

MISCELLANEOUS. 

Qualifications of Electors 77 

Amendments 77 

Usury 78 

Militia 78 

Election Law 7^ 

Exemptions 79 

Arkansas Industrial University 79 

Charitable Institutions 81 

Penal Institutions 82 

Congressional Districts 82 

Judicial Circuits 83 

Chancery Circuits 84 

Senatorial Districts 84 

United States District Courts 86 

Election of United States Senator 86 

CHAPTER VIII. 

LAND SURVEYS. 

Township, Meridans, and Base Lines 87 

Ranges and Sections 89 



Part II. 

NATIONAL GOVERNMENT. 
CHAPTER I. 

TERMS DEFINED. 

A State 91 

Sovereignty and Dependency 91 

State Constitution 91 

CHAPTER II. 

HISTORICAL. 

First Continental Congress 92 

Colonial Governments 92 



8 CONTENTS, 

Second Congress 92 

National Congress 94 

Articles of Confederation Adopted 95 

CHAPTER III. 

GOVERNMENT UNDER THE ARTICLES OF CONFEDERATION. 

The Task . 95 

Principal Defects 96 

CHAPTER IV. 

FEDERAL CONSTITUTION. 

Historical 98 

Constitutional Convention 99 

Ratification 99 

CHAPTER V. 

ANALYSIS OF THE CONSTITUTION. 

Legislative Department loi 

House of Representatives 102 

Senate 106 

Congress ... 109 

Executive Department 121 

Electors, Elections, etc 121 

Powers and Duties of the President 124 

The President's Cabinet 129 

Departments in Detail 129 

Judicial Department 132 

Supreme Court 133 

Circuit Courts 134 

Circuit Court of Appeals 134 

District Courts 135 

Rights and Limitations of the States 135 

Rights 135 

Limitations 137 

General Provisions . . . . ' 138 

Appendix A, Constitution of Arkansas 140 

Appendix B, Articles of Confederation 245 

Appendix C, Constitution of U. S 259 

Appendix D, Table of States, with Area, etc 284 



PART I. 
CIVIL GOVERNMENT OF ARKANSAS. 

HISTORICAL SKETCH. 

Louisiana Purchase. In 1803 the United States, at the 
instance of Thomas Jefferson, who was then President, 
purchased a large tract of land from Napoleon Bona- 
parte, the emperor of France. It extended from the 
Gulf of Mexico to the British possessions, and from the 
Mississippi river to the Rocky mountains. Out of this 
territory the following states have been formed: 
Louisiana, Arkansas, Missouri, Iowa, Nebraska, South 
Dakota, North Dakota, nearly all of Kansas, Montana, 
and Wyoming, and parts of Alabama, Mississippi, 
Minnesota, Idaho, Colorado, besides the greater part 
of the territory of Oklahoma and the whole of Indian 
Territory. The United States paid for this land about 
fifteen million dollars. 

Jefferson himself, who was a ''strict constructionist,'* 
seems to have believed that he overstepped his con- 
stitutional powers when he effected this purchase. He 
permitted his business sense and instinct to prevail 
over his abstract ideas of constitutional limitations, 
and history has applauded his decision. 

The Territory of Orleans, and the District of Louisiana. 
In 1804 Congress formed two territories out of this 
French cession. The southern one, which extended 
as far north as the present northern boundary of 
Louisiana, was called the territory of Orleans. All 

[9] 



10 CIVIL GOVERNMENT OF ARKANSAS. 

north of the territory of Orleans was designated as the 
district of Louisiana, and a year later it was organized 
as the territory of Louisiana. The southern part of 
the territory of Louisiana was laid off as the district of 
New Madrid, from which in 1806 a portion was finally 
cut off and named the district of Arkansas. After the 
territory of Orleans was admitted into the Union as 
the state of Louisiana in 1812, Congress provided that 
the territory formerly called the district of Louisiana, 
should thereafter be called the Missouri territory. 
This included the territory comprising the present state 
of Arkansas. 

The Territory of Arkansas. The territory of Arkansas 
was organized in 1819. James R. Miller was the first 
governor, and Robert Crittenden the first secretary of 
state. The first legislature was composed of the secre- 
tary of state, acting as governor, and the three judges 
of the superior court. 

The State. Arkansas was admitted into the Union 
as a state in 1836, and James S. Conway became the 
first governor. 

The Constitutions. The state of Arkansas has had five 
constitutions. The first was adopted in 1836, the 
second in 1861, the third in 1864, the fourth in 1868, 
and the fifth and present one in 1874. The constitu- 
tion of 1874 is the basis of these chapters on the Civil 
Government of Arkansas. The constitution of 1861 
was adopted for the purpose of joining the Con- 
federacy. 

Many of our intelligent, patriotic, and progressive 
citizens assert that the needs of the state have far out- 
grown our present constitution and that for the welfare 
of our commonmealth we must patiently, but persist- 



CI VIL GO VERiYMENT OF ARK ANSA S. 1 1 

ently plead for a new one. On the other hand, a class 
of similar citizens as positively contend that the present 
constitution is apace with the times, or at any rate that 
any weakness it may show can be remedied by amend- 
ments. This is a live and important question, and you 
will not have done your duty, if when you have com- 
pleted your common-school course, you are not in 
possession of intelligent convictions relative thereto. 

Capitals. The first session of the legislature was 
held at the Post of Arkansas. The second, in 182 1, was 
held in Little Rock, where the seat of government has 
since remained. 

Boundaries of the State. See Art. I, Constitution. 

The Six Governments. The citizen of Arkansas lives 
under six governments: viz., the Home, the School 
District, the Township, the County, the State, and the 
United States. If he lives in a city or in a town, a 
seventh — municipal government, must be added. A 
brief analysis of these seven systems is the purpose of 
this work. 



CHAPTER I. 
THE HOME. 



Home Government This stands first both in time and 
in importance, although it is not one of the recognized 
divisions of civil government. Under the statutes of 
Arkansas the child is not, under any circumstances, 
amenable to the criminal laws until he is twelve years 
old. Thus the only external restraint upon the child, 
during, probably, one fifth of his life, must emanate 
from the parents, or from the teacher who stands in loco 



12 CIVIL GOVERNMENT OF ARKANSAS, 

parentis. It therefore follows that the character of 
the government in the home determines in large 
measure the quality of the citizenship of the state. 
Children who obey and respect the laws of the home 
are on the high road to true citizenship. The home 
is truly the parent of the state. 

The child should obey his parents, because their judg- 
ment is better than his; because they are in many 
ways responsible for the acts of the child; because 
it is the duty of the parents to support and protect 
their children, and obedience is necessary to make 
such protection practicable. There are cases, now 
and then, where the parents' judgment is inferior 
to the child's, but experience has shown that it is far 
better to act in general on the presumption that 
the parents' judgment is more trustworthy. There 
is probably but one exception to this rule, — when 
the parent requires the child to do wrong. In such 
cases it is right for the child to refuse to obey, for it 
is much nobler to suffer the punishment that is likely 
to follow disobedience than to commit a wrong. The 
law of right is the highest law known to God or man. 

The ideal home passes through various phases of 
government. Until the children have developed a 
degree of discretion it is a pure monarchy — with two 
heads — the father and the mother. In somethings 
the mother is supreme, as in the management of the 
household affairs; in others, the supremacy of the 
father is seen, as in the conduct of his business or 
profession; while in others, as in the government of 
the older children, the father and the mother work 
together for the common happiness of all. During 
this time there is only one thing for the children to do: 



CIVIL GOVERNMENT OF ARKANSAS. 13 

to yield implicit, unquestioning, and unhesitating 
obedience. 

When the children have reached years of discretion, 
when their minds have sufficiently matured to giv^e 
weight and worth to their opinions, they should be 
admitted to the family councils to participate freely 
in the discussion of the subjects there considered. 
Their suggestions should be honored with due consid- 
eration. At this stage, barring the fact that the 
parents should reserve the veto power, the home 
should be a pure democracy. 

Unfortunately there are some homes where the gov- 
ernment is despotic. The children who go therefrom 
hate law and regard the administrators thereof as 
tyrants. Other homes there are in which there is 
nothing save disorder and anarchy, and those who go 
from them hold laws, and those whose duty it is to en- 
force them, alike in contempt. The observation that 
**they are governed best who are governed least" 
applies with as much force to the family as to the state, 
while no less true is the other saying that the '' worst 
government possible is infinitely better than no gov- 
ernment at all." 

Children must learn in the home that the penal- 
ties imposed for the violations of the rules of 
right are both just and wholesome — that the failure 
to visit punishment for such offenses would be the 
grossest injustice to themselves. The logical and 
necessary result of the transgression of law is pun- 
ishment — suffering in some form. The evil recoils 
upon the doer. The government of the school supple- 
ments, aids, and corrects the government of the home. 



14 CIVIL GO VERNMEM T OF ARK A NSA S. 

CHAPTER II. 
OUR SCHOOL SYSTEM. 

Act of Congress. In an act supplementary to the en- 
abling act for the admission of Arkansas into the 
Union, Congress provides that: **The section num- 
bered sixteen in every township, and when such sec- 
tion has been sold or otherwise disposed of, other lands 
equivalent thereto, and as contiguous as may be, shall 
be granted to the state, for the use of the inhabitants 
of each township for the benefit of their schools." 

State Constitutions. The state constitutions of 1836, 
1861, and i864.made no provisions for the establishment 
or maintenance of a system of free schools. That of 1868 
made it obligatory upon the legislature to establish 
and maintain a system of public education. The one 
of 1874 contains the following provisions: ** Intelli- 
gence and virtue being the safeguards of liberty and 
the bulwark of a free and good government, the state 
shall establish and ever maintain a general, suitable, 
and efficient system of free schools whereby all persons 
in the state between the ages of six and twenty-one 
years may receive gratuitous instruction." 

The Legislative Acts. The legislature of 1868 legis- 
lated extensively relative to pubhc education. Many 
of the laws then passed are still extant. Each succeed- 
ing General Assembly has added to this school legisla- 
tion, the last ''Digest of Laws, Relative to Free 
Schools," published in 1895, being a volume of one 
hundred and fifty pages. Through the wisdom of our 
representatives, the design of the framers of the con- 
stitution has been realized, for our educational system 



CI VIL GO VERNMEN T OF A RKA NSA S. 1 5 

is ** general, suitable, and efficient,*' so much so, in- 
deed, that very few states in the Union enjoy a superior 
one. 

School Funds, (i) There is what is termed the ** Com- 
mon School Fund," derived from the sale of govern- 
ment lands, state lands, estrays, and from all grants, 
gifts, and devises which have been made to the state. 
This fund is invested in United States and Arkansas 
bonds, the school using the interest thereon. 

(2) There is a direct tax levied as follows: (a) The 
state levies a two-mill tax on the assessed value of the 
property of the state, (b) It imposes a poll tax of 
$1 on every voter of the state. The payment of 
this poll tax is optional with the citizen, but without 
it he cannot vote in any election, or serve on a jury. 

(3) Each school district has the power, by a majority 
vote of its quaUfied electors, to levy an additional five- 
mill tax on the assessed value of the property of the 
district. 

(4) There are certain penalties that go to the school 
fund, such as the one imposed for a failure to pay tax 
on personal property at the proper time. Also the 
forfeitures which school officers make for neglect of 
duty go to this fund. 

Collection of Funds, The interest on the ^* Common 
School Fund," and the state two-mill assessment are 
paid into the state treasury. The tax levied by the 
district and the penalties are paid into the county 
treasury. These taxes are collected by the same offi- 
cers that collect the other taxes. 

Distribution of Funds. By means of the school census 
each year, it is ascertained just how many persons of 
school age there are in each district and county. The 



i6 CIVIL GOVERNME.VT OF ARKANSAS. 

school money in the state treasury is disbursed at the 
instance of the superintendent of public instruction, 
upon warrants drawn by the auditor of the state. It 
is apportioned to each county and district according to 
the number of persons of school age residing therein. 
The school fund in the county treasury is paid out 
upon the warrants issued by the boards of the several 
districts, each district getting exactly what ic levied, 
less certain commissions. The money obtained by 
sale of the sixteenth section is not apportioned, but 
belongs to the township in which such section lies. 

SCHOOL DISTRICT. 

How Formed. The county court is empowered to 
form a new district or to change the boundaries of an 
old one, when petitioned by a majority of all the elec- 
tors residing upon the territory affected by such forma- 
tion or change. However, no district may, by the 
organization of a new one, by change of boundaries, 
or by transfer of pupils, be reduced to fewer than 
thirty-five persons of school age. 

Directors. There are three directors in the ''num- 
bered " districts, and six in the '' single "or '' special " 
ones. 

When and How Elected. In the/ 'numbered" districts 
one director is elected each year. In the ■' single " 
district two are elected. The election is held on the 
third Saturday of May. They are elected by the quali- 
fied electors and serve for three years. It is purposely 
so arranged that two thirds of the members of the 
board may be experienced. 

Liabilities. A director is liable to forfeit $25 for a 
failure to do his duty. The district is not liable for 



CIVIL GOVERNMENT OE ARKANSAS. 17 

any act of its officers, although it is a quasi corpora- 
tion and may sue or be sued. 

Organization. The directors shall qualify and enter 
upon their duties within ten days after election. A 
penalty is imposed for their neglect to do so. The law 
provides that they shall elect one of their number as 
president, and another as clerk of the board. It is 
the duty of the president to preside at all board meet- 
ings, and of the clerk to keep a record of the proceed- 
ings of the meeting, which minutes should be signed 
by the president. 

Reports, It is the duty of the directors to make an 
annual report to their county examiner, embracing such 
data as are needed by the state superintendent for 
his report. 

Other Duties. The board of directors are required by 
law to provide separate schoolhouses for the white, 
and the colored children ; to care for the houses, books, 
papers, records, and other property of the state; to 
purchase building sites as directed by the voters at the 
annual meeting; to build and equip schoolhouses; to 
engage teachers; to adopt text-books for use in the 
schools; to visit the schools at least once each term; to 
appear for the district in any suit that may be brought 
by or against it; to draw warrants on the county 
treasurer for any lawful claims; to make and enforce 
such rules and regulations as may be necessary for the 
good of the schools. They may suspend a pupil for 
good cause, permit persons over twenty-one years of 
age to attend school, and may spend §25 annually for 
charts, books, and apparatus. 

Compensation. The directors receive no remunera- 
tion for their services. 

ARK. AND THE NAT. — 2 



i8 CI VIL GO VERMMENT OF ARK A NSA S. 

Transfer of Pupils. The county court may transfer 
pupils to any adjoining district. 

Special Districts. There are many cities and towns 
in the state that have what are known as " single " or 
" special " districts. The duties of their directors (six 
in number) are essentially the same as those of the 
directors of the *' numbered" districts. 

Annual Meeting. Fifteen days' notice of the annual 
meetings of the electors must be given by the direct- 
ors. It is made unlawful to fix a site for a school- 
house, or to vote money for building or raising one, 
unless the notice states that such matters will be sub- 
mitted for consideration. Why? 

Statement to Voters. The directors must submit to 
the electors at this annual meeting an estimate of the 
expenses for that year, including also the expense of 
a three months' term of school for the next year, and 
all other matters whose consideration is necessary to 
the educational welfare of the people of the district. 

This annual school meeting is a pure democracy. Here 
the people of the district meet to discuss the school 
affairs. Every qualified voter has a voice and a vote. 
The voters have the power to elect a chairman and a 
clerk, and the directors, to designate building sites for 
schoolhouses, to determine the length of the school 
term, and what tax shall be raised for school purposes, 
to adjourn from time to time, and to repeal or modify 
their proceedings. They cannot, under the constitution, 
vote for more than a five-mill tax. They are not com- 
pelled to vote for any. Usually the limit is levied. Many 
think the constitution should be so changed that the 
people could levy a higher tax if they should wish to 
do so. What do you think and why? They may de- 



CIVIL GOVERNMENT OF ARKANSAS, 19 

cide to have no school during the year, provided there 
is not enough money to run one for three months. 

County Examiner — Hoiu Appointed. The county ex- 
aminer is appointed by the county judge. He must be 
of good moral character and of scholarly attainments. 
He is required to hold a first-grade certificate. 

Duties. It is made his duty to examine applicants for 
certificates to teach, and to grant licenses to those who 
pass a satisfactory examination, if he is satisfied also 
as to their moral qualifications; to hold examinations 
quarterly and publicly, after having given twenty days' 
notice thereof. However, before a teacher is entitled 
to a certificate he must present a receipt for $2 
from the county treasurer^ and must declare his belief 
in a Supreme Being. The examiner may, for good 
cause, revoke any teacher's certificate, within and for 
his county. 

Other Duties. It is his duty also to encourage the 
inhabitants of his county to have school districts 
organized, and qualified teachers employed; to direct 
the attention of teachers and patrons to the best 
methods of instruction for the promotion of mental 
and moral culture; to labor to create among the 
people a living interest in public education. 

Reports. He shall, annually, transmit to the state su- 
perintendent an abstract of the reports of the directors 
of the county, to contain the data for the super- 
intendent's report. The examiner is liable to a for- 
feiture of $25 for a failure to make this report promptly. 

Compensation. The examiner's remuneration is fixed 
by the county court, but cannot exceed the amount of 
the fees paid in by applicants for teachers' certificates. 

Supervision, The county examiner is not required or 



20 CIVIL GOVERNMENT OF ARKANSAS. 

expected to supervise the work of the teachers in the 
county. The salary is so inadequate that he cannot 
afford to do so. Many people think that it would be 
far better to abolish this office and create the office of 
county superintendent, with an adequate salary, and 
large supervisory powers and duties. What do you 
think and why? 
Superintendent of Public Instruction. (See state officers.) 



CHAPTER III. 
THE TOWN OR TOWNSHIP. 

Origin. The township is the oldest and yet the sim- 
plest form of government known to man. Before 
fields were tilled, or cities built, tribes composed 
of groups of families wandered over the earth in search 
of subsistence. The people of the tribe elected their 
own chief and made their own rules of government — 
democracy pure and simple obtained. The Greek 
ecclesia, and the Roman comitia were open popular 
assemblies, essentially the same as the New England 
town (ship) meeting at present. Our ancestors, while 
living on the continent of Europe, previous to their 
invasion of England, were wont to build their houses 
in groups. For defense they surrounded them with 
fences or hedges called tuns {toojis) and the name tun- 
scipe or township was given the village and surround- 
ing country. 

In the English township the meeting of the people 
was known as the tungemot, tun {town) and gemot 
{assembly). They made the rules and regulations for 



CI VIL GO VERNMEN T OF A RKA NSA S. 2 1 

the management of their affairs. These rules were 
called by-laws — ly being an old Norse word meaning 

THE NEW ENGLAND TOWN. 

Origin. The people came from England to this coun- 
try, not singly, but as a rule in congregations. A min- 
ister and his flock came together. The pioneers of 
New England usually formed themselves into com- 
pact settlements. Why? They came to this country 
so that all the people might have a voice in the man- 
agement of ecclesiastical affairs. Near the center of 
the settlement stood the meetinghouse, and the sur- 
rounding country was, and is still, known as the town 
or township. 

Annual Meeting. Annually all the male inhabitants 
over twenty-one years of age meet at this meeting- 
house. At this gathering all measures pertaining to the 
public affairs of the town are discussed. (It is important 
to bear in mind that in New England the word fown is 
used in the same sense as our word township.) In the 
adoption or rejection of every measure, each person 
present has a vote. 

Officers. At this meeting the town officers are elected. 
They are as follows* selectmen (from three to nine), 
town clerk, treasurer, constable, assessor, school com- 
mittee (three or some multiple of three), surveyor of 
highways, field-drivers, pound-keepers, fence-viewers, 
and surveyors of lumber. 

The selectmen are the executive officers of the 
town and have the general management of its busi- 
ness. The clerk keeps the town record of names 
of candidates, of marriages, deaths, births, etc. 



22 CIVIL GO VERNMEI^T OF A RKA NSA S, 

The treasurer is the keeper of the town's money, 
receives and disburses it. The constable serves war- 
rants, arrests criminals, and performs various other 
duties. The office of constable is an ancient and 
honorable one. The assessor prepares the tax lists. 
The school committee looks after the schools of the 
town. The field- driver takes ^strays to the pound, and 
the pound-keeper feeds and cares for them. The 
fence-viewer settles matters of dispute relative to 
partition fences. The surveyor of highways has 
charge of the roads and bridges. The surveyor of 
lumber measures and marks the lumber offered for 
sale, and a surveyor of wood measures and marks the 
wood. 

THE ILLINOIS TOWN. 

Annual Meetings. The male inhabitants of each town 
meet annually for the election of officers, and the trans- 
action of other business relative to the town. Those 
present at nine o'clock a. m. on the first Tuesday of 
April elect a moderator. The moderator, the super- 
visor, and the assessor act as judges of the election, 
which is conducted by ballot. The towm clerk is clerk 
of this meeting. At two o'clock p. m. the polls are 
temporarily closed and the moderator calls those present 
to order. 

The matters acted upon at this meeting relate 
to taxes, lawsuits, Canada thistles, fences, trees, 
stock, public wells, public health, road tax, and the 
reports of the town officers. 

Officers. The officers of the town are as follows: 
supervisor (usually one, sometimes more, depending 
on the population), clerk, assessor, collector, highway 



CI VI L GO VERNMEN T OF A RKA NSA S. 23 

commissioners (three), justice of the peace, and 
constable. 

The supervisor is the chief officer, and looks after 
the funds and lawsuits, and after the paupers of the 
town. He is also a member of the county board — 
the legislative and executive department of the county. 
The clerk makes and cares for the records of the town 
meetings. The assessor values the property of every 
person. The collector collects the taxes and pays 
them over to the proper officers. The highway com- 
missioners attend to the roads, bridges, and drainage. 
The justice of the peace is the judicial officer. His 
duties are practically the same as those of the Arkan- 
sas justice of the peace, which will be described later. 
The constable is the officer of the court and executes 
its mandates. There are also town boards, as the 
board of auditors, the board of health, the board of 
equalization. 

<* Township** Defined. The term township in Illinois 
is used in two senses: (i) The Congressional town- 
ship is a tract of land six miles square. This is the 
same in every state and territory where the United 
States survey system obtains. It is not a political 
division and has no officers. (2) The school township 
is a political division for the sole purpose of adminis- 
tering school affairs. So far as territory is concerned, 
the school township coincides with the Congressional 
township. It has four officers — three school trustees, 
and one town treasurer. The counties also are divided 
into towiis^ which coincide with the townships, except in 
cases of fractional ones. The township election (for 
school trustees) and the towm election (annual town 
meeting) are held on the same day. This has led to 



24 CIVIL GOVERNMENT OF ARKANSAS. 

the common error of calling the town officers township 
officers. The purpose of this town organization is to 
give the people local self-government, so far as pos- 
sible . What are its advantages? Its disadvantages? 

THE ARKANSAS TOWNSHIP. 

** Township** Defined. It is made the duty of the 
county court to divide the county into townships, or to 
subdivide the townships already organized, as occasion 
demands. The township as here used is a political 
division, for the purpose of facilitating the govern- 
ment in the county. It does not, as to territory, coin- 
cide with the Congressional township. 

Officers. There are but two officers, viz., a justice of 
the peace and a constable. 

Justice of the Peace. The law provides that one jus- 
tice of the peace shall be elected for every two hun- 
dred voters. However, each township must have at 
least one justice of the peace, regardless of the num- 
ber of its inhabitants. He is elected by the people, 
commissioned by the governor, and serves for two 
years. 

Jurisdiction. The justice of the peace has original 
jurisdiction in the following matters: 

(i) In all matters sounding in contract where the 
amount in controversy does not exceed $ioo, exclud- 
ing interest, and concurrent jurisdiction in such mat- 
ters not exceeding $300 . 

(2) In suits for the recovery of personal property 
where the value does not exceed $300, and in all mat- 
ters of damage to personal property where the 
amount involved is not in excess of $100. 

(3) In all criminal cases the justice of the peace has 



CI VIL GO VERNMEN T OF A RKA NSA S. 2 5 

final jurisdiction in cases less than a felony, that is, 
where the punishment is by fine or imprisonment in 
county jail; he may also sit as an examining court for 
the preliminary examination of persons charged with 
the commission of a felony, a crime whose penalty is 
death or confinement in the penitentiary, and he may, 
after hearing the evidence, discharge the accused, or 
commit him to await the action of the grand jury. He 
may also put persons under peace bonds. He is a 
conservator of the peace within his county. 

Jury, In the trial of a civil case before a justice of 
the peace either party is entitled to a jury. Also in 
the trial of one for a misdemeanor ^ the accused is en- 
titled to a jury. In the preliminary examination of one 
charged with felony the defendant is not entitled to a 
jury, as the proceeding is not a trial to determine his 
guilt or innocence, but simply to ascertain whether 
there is sufficient evidence of guilt to justify his being 
held to await the action of the grand jury. 

The justice of the peace has the power to render judg- 
ment in a civil case, or in a misdemeanor. Of course, 
appeal to the circuit court is always allowed. In a 
felony the justice must either discharge the prisoner, 
or put him under bond to await the action of the 
circuit court, or upon his failure to give bond, com- 

I A misdemeanor is an offense the punishment of which is a fine, or imprison- 
ment in jail, or both. A felony is an offense which is punished by death or 
by incarceration in the penitentiary. An assault is the attempt of one person 
to do violent injury to another, coupled with the ability to do so. Assault 
and battery is the unlawful beating of another. A mere touching of another 
is sufficient to constitute battery. A civil action is an ordinary proceeding in 
a court of justice by one party against another for the enforcement or protec- 
tion of a private right, or the redress or prevention of a private wrong. A 
criminal action is a proceeding in a court of justice for the purpose of punish- 
ing some person for the commission of a public offense. In such actions the 
state, or some political division of it, is the plaintiff. 



26 CIVIL GOVERNMENT OF ARKANSAS, 

mit him to jail. There is a statute which prohibits a 
justice of the peace from admitting persons accused 
of homicide to bail, but the justices have generally held 
the law unconstitutional and have paid little regard to 
it. In Sec. 8, Art. II, of the constitution the follow- 
ing language is found: 

'^All persons shall, before conviction, be bailable by 
sufficient sureties, except for capital offenses, where 
the proof is evident or presumption great. ' ' Murder in 
the first degree, is punishable by death; other grades 
of homicide are punishable by imprisonment in the 
penitentiary. 

Change of Venue. When a man believes, for any rea- 
son, that he will not receive justice at the hands of the 
justice of the peace before whom the action is brought, 
he may have his case transferred to some other justice 
in the township, and under certain circumstances even 
taken from the township. 

l7nportance of the Office. A justice of the peace is not 
presumed to know any law. Yet when we consider 
how closely his acts affect the great body of the people, 
how many cases he passes upon, often finally, where 
liberty and property rights are involved, it becomes 
evident that the office is one of highest importance and 
should be filled by a man of honor, intelligence, integ- 
rity, and sound judgment. 

Constable — Hoii^ Elected. The constable is elected by 
the electors of the township for a term of two years. 

Bond. The constable is required to give bond to the 
state of Arkansas, for a sum not less than $500 nor 
more than $5000 to guarantee the faithful performance 
of his duties. 

Duties, The constable is the conservator of peace 



CIVIL GOVERNMENT OF ARKANSAS. 27 

throughout his county, and he must suppress all riots, 
affrays, routs, fights, and unlawful assemblies. He 
must take all offenders or suspected offenders before 
the justice of the peace to be dealt with according to 
law. 

Penalty, If he fails, refuses, or neglects to do his 
duty, he is subject to a fine of not less than $5 nor more 
than $100. 

Compensation. He receives for his services such fees 
as are fixed by law. 

Deputies. Each constable may, with the approval of 
the county court, appoint one or more deputies. He 
is responsible for their acts as deputies. 

Summary. It is apparent that there is a vast differ- 
ence between the town or township governments in 
different sections of the United States. Local self- 
government is at its maximum in New England, Massa- 
chusetts being typical. There the town is the '* unit 
of representation. ' ' By this we mean that the town not 
only manages its own local matters, but it sends its 
representatives to the county assembly, which in turn 
sends representatives to the state assemblies, and 
they in turn send delegates to the national assembly. 
Thus the people of the town have a voice in the 
county, state, and national government. This is a 
most important factor. 

The people of Russia live in village communities 
called 77iirs. They elect their local officers and admin- 
ister their local affairs, but have practically no connec- 
tion with, or representation in, the national government. 
They are compelled to obey laws not of their own 
making, and to pay taxes levied without their consent. 
Therefore, we say with truth that the Russian people 



2S CIVIL GOVERNMENT OF ARKANSAS. 

have little political freedom. To obtain the full sig- 
nificance of the town government we must look at it in 
the two aspects: (i) As a local, independent political 
division possessing complete autonomy within its 
sphere. (2) As a "unit of representation" in the 
larger governments. 

The people of the town in Illinois, which in its gov- 
ernment is representative of the central and western 
states, have less power and fewer officers than those of 
the New England town, but they retain their ** unit of 
government " feature. 

In Arkansas the township government, which is a type 
of that of all the southern states, is reduced to a mini- 
mum. There is no local government except such as 
comes under the jurisdiction of the justice of the peace 
and the constable. Neither is it the " unit of repre- 
sentation " in relation to the larger governments. It 
is true that the justices of the townships meet with 
the county judge for the purpose of levying the county 
tax, but in this capacity they are representing the county 
rather than the township. The county is the " unit of 
representation." 

State fully and clearly what you consider the merits 
and the defects of these several forms of town or town- 
ship government. 

The township as a self-governing body, and as a 
"unit of representation" had its origin not upon 
American soil, but among the English in " their snug 
little corner of the world by the belted salt sea." 
They brought their political institutions along with 
them, just as they brought over their religious creeds 
and social customs. 



CI VIL GO VERNMEN T OF A RKA NSA S, 29 

CHAPTER IV. 
THE COUNTY. 

Origin. The county is with us no less an inheritance 
than is the township; our forefathers treasured it while 
on English soil. It is probable that if the county had 
not been convenient in the sphere of government, it 
would not have survived. Yet it is not true, as is 
often supposed, that the county is an artificial divi- 
sion made purely for convenience. This delusion is 
due, no doubt, to the fact that our western states 
have been subdivided into counties. The counties or 
shires of England were not the result of a division of 
that country into smaller sections, but, instead, Eng- 
land was made by the consolidation of a number of 
shires or counties. The territory occupied by a clan 
was called a township; that occupied by a tribe, 
which was formed by the union of two or more 
clans, was called a county or shire. The leader of the 
tribe was an ealdorman, or *' elder man." When the 
tribe had grown sufficiently strong the ealdorman 
became a king. These petty kingdoms not infrequently 
coincided with counties. The gradual union of these 
lesser realms, during many centuries, has resulted 
in the England of to-day. The shire mote, by which 
the shire or county was governed, was the germ which 
developed into Parliament. 

These same processes occurred, In a way, in this 
country. The settlements along the Atlantic coast 
formed townships, they in turn counties, and finally 
states which ultimately grew into the United States. 
And then it was that the process was reversed. The 



30 CIVIL COVER.VMENT OF ARKANSAS. 

United States having come into possession of large 
tracts of territory had it subdivided into states which 
were then subdivided into counties and townships. 

County Government in Arkansas. As has been said, the 
county is, in Arkansas, the " unit of representation." 

Area and Population of a County. By the terms of the 
constitution, a county must have an area of at least 
6,000 square miles, and not less than 5,000 inhabitants. 
The counties of Pope, Johnson, and Lafayette are 
especially excepted. No part of a county may be cut 
off without the consent of the majority of the voters 
of the district thus severed. 

County Seat. The consent of the majority of the 
voters of a county is necessary to lot:ate the county 
seat, or to change its location. Sebastian county is 
permitted to have two county seats. 

EXECUTIVE DEPARTMENT. 

Officers. The executive department is vested in one 
sheriff, one assessor, one treasurer, one coroner, one 
clerk, one recorder, one surv^eyor, one county examiner. 
These officers execute the state laws which apply to 
their duties. They are all elected by the people, for 
two years, except the county examiner, who is ap- 
pointed by the county judge. 

Sheriff — Ex officio Collector. The office of sheriff and 
that of collector are two separate and distinct offices, 
although filled by one and the same person. The sheriff 
as sheriff proper is a judicial officer, or rather an 
officer of the judicial department. As collector, he is 
an executive officer whose duty it is to collect the taxes 
of the county. He collec.ts also the school, municipal, 
and state taxes. 



CIVIL GOVERNMENT OF ARKANSAS. 31 

Bo?ids. As sheriff he must execute a bond to the 
state of Arkansas for a sum not less than $5000 nor 
more than $50,000 agreeing that he will well, truly, 
and faithfully perform and discharge the duties of his 
office. This bond must be approved by the circuit 
court. As collector he makes another bond upon the 
same conditions. This bond must be in amount 
greater by one fourth than the aggregate of taxes to 
be collected by him as collector, and must be ap- 
proved by the county court. 

Deputies. The sheriff has the power to appoint one 
or more deputies, for whose official conduct he is re- 
sponsible. 

General Duties. He must conserve the peace, serve 
all writs, directed to him by proper authority, attend 
the sessions of the courts of his county, and perform 
all other acts required of him by law. 

Writs. A warrant directs the officer to arrest some 
one who is accused of a crime. A summons directs 
him to summon a certain person to appear in court to 
answer a demand made by some other person named 
in the summons. A subpoena directs him to command 
a person to appear in court as a witness. An attach- 
ment directs him to bring into court as a witness, or 
juror, a person who has refused or failed to appear at 
the proper time. An execution directs and empowers 
him to carry a judgment into effect. The usual method 
of doing so is to seize certain property and sell it to 
satisfy the obligation in question. 

A general attachniejit for property commands the 
sheriff to take possession of and safely keep a suffi- 
cient amount of the property of the defendant to satisfy 
the claim of the plaintiff, and to notify such defendant 



32 CIVIL GOVERNMENT OF ARKANSAS, 

to appear in court on a certain day to answer the claim 
of the plaintiff. A specific attachment specifies the 
particular property to be seized. 

It will be well for the teacher to procure copies of all 
the blanks used by the county and township offices to 
the end that the pupils may see them and discuss their 
uses. 

Special Duties, The sheriff is ex officio the public 
administrator for his county. This means that he must 
take charge of and administer on any estate, when no 
one else is legally able to do so. He must give notice 
also of the county elections, by proclamation at least 
twenty days before such elections. He is custodian of 
the courthouse, and keeper of the jail. He must take 
care of the prisoners, and when any one is condemned 
to death he must execute the sentence by hanging him. 

Compensation. His compensation is derived from 
fees and commissions, which are fixed by law. 

Neglect of Duty. Any failure in the performance of 
his duties makes the sheriff guilty of a misdemeanor 
and subject to removal from office. 

Assessor — Bond. The assessor enters into a bond 
to the state of Arkansas for the faithful discharge of 
his duties. 

Duties. The assessor is bound by solemn oath to 
assess the real and the personal property at its actual 
cash value. Of course it is true that a large amount 
of personal property is assessed at less than one 
fourth its cash value. The assessor is not usually to 
blame for this. Many people who have a tender con- 
science in their dealings with individuals, have no 
scruples whatever about cheating the government. So 
without a blush, and unhesitatingly they attempt to 



CI VIL GO VERNMEN T OF A RKA NSA S. 33 

defraud the state by misrepresenting their property as 
to amount and value. It is impossible at times for the 
assessor to ascertain through his own efforts, the value 
and amount of people's property. 

The constitution prohibits the increase of the rate 
of taxation beyond a certain limit; the General Assem- 
bly cannot levy a tax of more than one per cent of the 
assessed valuation of the property of the state for the 
year; the levying board for the county cannot levy a 
tax for any year exceeding one half per cent for all pur- 
poses, except that for the payment of an indebtedness 
existing at the time of the constitution it may raise an 
additional tax of one half per cent; the municipal cor- 
poration is limited to a five-mill tax (\vith the exception 
heretofore noted), as is the school district. Since the 
rate of taxation cannot be raised above this fixed limit, 
it is evident that the inevitable results of the under- 
valuations of property are depleted treasuries. And de- 
pleted treasuries may, in innumerable ways, be a bar 
to progress. 

Personal Property — How Assessed, The assessor 
must spend at least one day in each township at a place 
and time designated by a ten days' notice, and give 
the property holders an opportunity to appear and 
submit to him a list of their property. If they fail to 
do so, it is his duty to find them and assess them, and 
for this extra trouble, a penalty is imposed on each 
delinquent. Each property owner is required to make 
an oath or affirmation that the list he turns in is cor- 
rect to the best of his knowledge and belief. And what 
a fall there is in values at this season! 

Real Estate — Hoiu Assessed. Real estate is valued 
every two years. The assessor is empowered to do 

ARK. ANP THE NAT. — - 3 



34 CIVIL GOVERNMENT OF ARKANSAS, 

whatever is necessary to ascertain the true value of 
any piece of real estate in his county. Before the first 
Monday of September biennially, he must file with the 
county clerk a complete list of the land, of the county, 
with the name of the owner of each tract, and its 
value. The United States lands, and the state lands are 
not assessed. Why not, do you suppose? The assessor 
is sworn to assess the real estate at its real value, and 
not at what it would bring at a forced sale. 

Where Assessed. Real property is assessed in the 
county where it is situated. By a fiction of the law 
personal property is presumed to accompany its owner, 
and is therefore assessed in the county and state of 
his residence. 

Compensation. The assessor receives $0.25 for each 
name listed. All the property in one county belong- 
ing to the same person is entered under one name. If 
the owner of real property is a non-resident, or un- 
known, %\ may be charged. The state pays one half 
of the assessor's fees, and the county the rest. 

What is real estate ? Give illustrations. What is 
personal property ? Give illustrations. To which 
class does a house belong ? The furniture in the 
house ? A tree growing ? A tree after it has been 
severed and cut into cord wood. 

Board of Equalization. In each county there is what 
is known as the board of equalization. It is composed 
of three freeholders of the county, appointed by the 
governor, for two years. The board meets on the 
second Monday of September, annually. Its work is to 
equalize the values of property, that is, to correct any 
errors of the assessor in respect to valuations. This 
board may either increase or decrease the assessed valu- 



CIVIL GOVERNMENT OF ARKANSAS. 35 

ation of any property as returned by the assessor. Any 
property holder has a right to appear and show why 
the assessment of his property should be reduced. 
Then, if he is aggrieved at the board's decision, he 
may appeal to the county court, thence to the higher 
courts. The members receive $3 per day for the time 
they actually serve. 

Treasurer — Bond. The county treasurer must exe- 
cute a bond to the state which shall exceed by one 
fourth the amount of money that comes into his cus- 
tody in any one year. 

Duties. He receives the county's funds, and dis- 
burses them upon the warrants of the county court. 
He must, also, on the first Monday of July, annually, 
make a full settlement with the county court of all the 
moneys that have come into his hands. He is custo- 
dian of the school funds, and pays them out on war- 
rants drawn by the various school boards. 

Coiiipe?isaiion. The treasurer's compensation is de- 
rived from commissions as follows: (i) On all sums 
less than §1000, four per cent, and on sums exceed- 
ing §1000, two per cent. (2) Two per cent of the 
aggregate amount of school funds coming into his pos- 
session each year. 

Deputy. The treasurer may appoint one deputy, for 
whose official acts he is responsible. 

Coroner — Bond. The coroner must give a bond to 
the state for $5000, pledging the conscientious per- 
formance of his duties. 

Duties. It is his duty, whenever a dead body is 
found, or when a person dies from the violence of 
another, to summon a jury for the purpose of investi- 
gating the cause of the death. He must file his report 



36 CIVIL GOVERNMENT OF ARKANSAS, 

of such investigation with the circuit clerk. If the 
jury finds the death to be the result of the violence of 
any person, other than the deceased, he must bind 
such person over to await the action of the grand jury. 
The coroner is, also, a conservator of the peace within 
his county, and in case of the disability of the sheriff, 
discharges the duties of that office. 

Compensation. His compensation is derived from 
fees fixed by law, varying from $3 for examining a 
dead body to $0.05 a mile for each mile traveled in 
arresting and committing anybody. 

Clerk — Bo?id. The county clerk guarantees his faith- 
ful discharge of the duties of his office by giving a 
bond to the state. (In counties containing a popula- 
tion of less than 15000 the circuit clerk is ex officio 
clerk and recorder. Where the population exceeds 
15000 the people elect a county clerk, who is ex officio 
clerk of the county and probate courts.) 

Duties, It is the duty of the county clerk to furnish 
the assessor with a list of the tracts of land, with names 
of owners; to supply the collector with a list of those 
assessed, with the amount of tax opposite each name; 
to issue marriage licenses, as well as licenses to ped- 
dlers, auctioneers, circuses, and to vendors of ardent 
and vinous liquors; to make and preserve a record of 
the proceedings of the county and probate courts; to 
furnish to the prosecuting attorney at each session of 
the circuit court a statement of all the deficits of con- 
stables and other collecting officers, on account of 
fines, penalties, and forfeitures, and to perform various 
other acts required by law. 

Compensation. The clerk's compensation is derived 
from fees ranging from $3 for furnishing the auditor 



CIVIL GOVERNMENT OF ARKANSAS. 37 

with an abstract of tax books to $0.05 per tract for fur- 
nishing a copy of delinquent lands to the printer. This 
is one of the best paying offices of the county. 

Recorder. The circuit clerk is ex officio recorder, 
and gives bond for the proper performance of the 
duties of this office. 

Duties. He records, in books kept for such purposes, 
all deeds, mortgages, bonds, deeds of trust, marriage 
contracts, and certificates. He must index all such 
records, and keep them open to public inspection. 

What is the object of having such instruments re- 
corded ? Why should they be open to public inspection ? 

Compensatio?i. For his services he receives fees. The 
cost of having the ordinary deed recorded is $1.75. 

CoUector. (See Sheriff). 

Surveyor — Bond. The surveyor gives a bond of not 
less than $1,000 as a guaranty of rectitude in official 
conduct. 

Duties. It is his duty to survey such lands in the 
county as he may be employed to survey either by 
individuals or by the county court. He establishes 
" corners " and makes a record of his surveys. 

Salary, He receives $5 per day for services per- 
formed, together with certain other fees fixed by law. 

County Examiner, (See School District.) 

JUDICIAL DEPARTMENT. 

County and Probate Judge. The judicial department is 
vested in one county and probate judge. The county 
and probate courts are separate and distinct, but one 
judge attends to the business of both offices. The 
sheriff and the county clerk are officers of the courts. 

Election and Qualifications. The county and probate 



38 CIVIL GOVERNMENT OF ARKANSAS. 

judge is elected by the people for two years. He must 
be 25 years of age, a man of upright character, a resi- 
dent of the state two years before his election and of 
the county at the time of his election, and must possess 
a good business education. He is not required to be 
educated in the la\v. 

Jurisdiction, (i) The county court has origmal juris- 
diction over matters relating to county taxes, roads, 
bridges, ferries, paupers, vagrants, and the disburse- 
ment of money for county purposes. (2) The probate 
court has jurisdiction over matters pertaining to pro- 
bating of wills of the estates of deceased persons, to 
executors, administrators, minors, and insane persons. 

Duties. It will be seen that the duties imposed on 
the county and probate judge are many, and of vital 
importance to the people generally. It is within the 
discretion of the county judge to have county bonds 
issued, purchased, and canceled. He builds court- 
houses, jails, poorhouses, bridges, and roads; in con- 
junction with the justices of the peace of the county 
he levies taxes; he provides for the confinement, dis- 
cipline, and employment of county convicts; looks after 
the paupers, and performs innumerable other duties. 

In addition to his public obligations as probate judge 
he is ex officio guardian of widows, orphans, minors, 
and the insane, and protects them from those who 
stand ready to prey upon their property. 

No other officer, national, state, or county, stands as 
close to the welfare of the people as does our county 
and probate judge. He controls almost absolutely the 
county coffers, and protects many private purses. It 
is of the utmost importance that this office be filled by 
a man of wisdom, integrity, and business ability. It 



CIVIL GOVERNMEiVT OF ARKANSAS. 39 

is often contended that he should be versed in law. 
While a knowledge of the law might be very useful, and 
sometimes even necessary to the efficient discharge of 
his duties, yet it is manifestly true that, during his 
judicial career, demands are made upon his business 
experience much more frequently than upon his legal 
knowledge. 

Salary. The salary of the county and probate judge 
varies in the different counties. In Polk county it is 
$300 per annum, while in Pulaski county it is $2500. 
What is it in your county? 

Right of Appeal, Any person dissatisfied with the 
decision of the county or probate court may appeal his 
case to the circuit court. 

Coroner as a Judicial Officer. Our supreme court has 
held that a coroner's inquest over a dead body is a 
judicial proceeding. 

LEGISLATIVE DEPARTMENT. 

There is no department in the county which may 
properly be styled a legislative one. The nearest ap- 
proach to one is the meeting of the county judge and 
the justices of the peace for the purpose of levying the 
county taxes, and voting appropriations. However, 
they make no laws or rules. 

Name all your county officers. 



40 CIVIL GOVERNMENT OF ARKA.VSAS. 

CHAPTER V. 
THE STATE. 

Origin. The state in the sense in which we use 
the term is unknown to England. Immediately 
above the township and county governments 
stands the national governm^ent, composed of the 
king and his ministers. Parliament, and the assizes 
or higher courts. The state is the logical sequence 
of the colonies. The privilege of colonization 
was granted to companies and noted individuals. 
Persecuted Puritans and Pilgrims founded Massachu- 
setts, hoping to preserve English liberty by founding a 
free state on a virgin soil. Persecution sent the 
Quakers to Pennsylvania, the Catholics to Maryland, 
and the Protestants to the Carolinas; and the desire 
to retrieve and amass fortunes brought '' gentlemen " 
to Virginia. The Revolution found thirteen distinct 
colonies, states, or nations, each magnifying its own 
importance, jealous of its own rights, and determined 
to preserve its own identity. 

Virginia, Virginia is typical, so we shall notice briefly 
how its government was developed. The colony was 
governed by a governor and a council, appointed 
by the kmg. They were the makers, judges, and exe- 
cutors of all laws. In 1619 the governor called upon 
each of the eleven boroughs to send two delegates 
to meet with his council. This body was called 
the House of Burgesses, and was the first representa- 
tive body in America. Later, the elected delegates 
met by themselves, while the council and governor 
constituted the Upper House. After Virginia separated 



CIVIL GOVERNMENT OF ARKANSAS. 41 

from England, provision was made in its constitution 
for the election of the members of the Upper House. 
Thus the two bodies — the Senate and the House — were 
evolved. 

Universal Suffrage. American institutions have ever 
tended toward the goal of universal suffrage. Many 
states, among which are Rhode Island, New York, 
Georgia, Virginia, New Hampshire, Connecticut, and 
North Carolina, have at some time in their history 
required a property qualification for voters. "The 
progress and impulse of popular opinion has de- 
stroyed almost every constitutional check, every 
conservative element, intended by the sages who 
formed the earliest American constitutions as safe- 
guards against the abuses of popular liberty." The 
result is, that to-day not a single state imposes such a 
requisite as the condition of suffrage. In some states, 
as in Arkansas, the payment of a poll tax is required. 
In Illinois every male inhabitant 21 years old may 
vote, while in Ohio he must be a natural-born, or 
a naturalized citizen of the United States. It is cer- 
tainly a low value to place upon the privilege of suffrage, 
to impose any condition less than bona fide citizenship. 
It probably would be far better for the perpetuity of. 
our institutions to limit the right of voting to those 
citizens who can speak and read the English language. 

Three Departments. In all the state governments 
there are three departments, — executive, legisla- 
tive, and judicial. Each department has its own well- 
defined province, and is independent of the other two. 
They touch in some places, it is true. The governor 
may veto bills passed by the legislature. Also the 
legislature might cripple the executive or judicial 



42 CIVIL GOVERNMENT OF ARKANSAS. 

departments by refusing to make appropriations for 
them. 

The Executive Department, The work of this depart- 
ment is to execute the laws. It is vested in one person. 
The wisdom of confiding this power to a single head 
is easily recognized. The necessary attributes of an ex- 
ecutive are promptitude, decision, and force. These 
essentials are likely to be attained, if at all, by a single 
will. The duty of the executive is to enforce the law; 
not to condemn or vindicate its wisdom. A vigorous 
and wise administration demands that the laws be ex- 
ecuted without that division, indecision, and delay 
which characterize executive departments composed of 
more than one head. 

The Legislative Department. The legislative bodies of 
the state are composed of two divisions (barring the ex- 
ecutive, who, because of his veto power, is sometimes 
called the third house), viz., the House and the Senate. 
The reason for having two houses is to prevent ill and 
hasty legislation, the result of passion, prejudice and 
excitement. A rash and vicious action in one house 
is sure to be checked or tempered in the other. 
The Pennsylvania and Georgia legislatures consisted 
at first of one house. The legislation of each became 
the object of public contempt. The Italian republics 
of mediaeval times and the French National Assembly 
from 1791 to 1795 stand as a warning of the factions, 
instability, and misery of a state under the do- 
minion of a solitary and unchecked Assembly. 

The Judicial Department. The interpretation of the 
constitution and the laws, as well as the administration 
of justice, is intrusted to the various courts of the state. 
They are not hampered by the other departments. 



CIVIL GOVERNMENT OF ARKANSAS, 43 

In the colonies the judges were appointed by the gover- 
nor for a term that lasted during good behavior. In some 
of the states they are still appointed by the executive, 
while in others they are elected by the people. It is 
conceded generally that judges should be removed as 
far as possible from the influence of the transient 
phases of popular sentiment. To this end many con- 
tend that the tenure of the judge should be lifelong, in- 
stead of for a term of years, and that the office should 
be appointive instead of elective. What do you think 
about it? 

LEGISLATIVE DEPARTMENT, 
GENERAL ASSEMBLY. 

The legislative department of Arkansas is vested in 
the General Assembly, composed of the Senate and the 
House of Representatives. The General Assembly is 
popularly called the legislature. 

How Numbered. The General Assemblies are known by 
numbers, as the '' First General Assembly," the 
" Fifteenth," etc. 

Biennial Meetings. The General Assembly meets 
biennially, at 12 o'clock m. on the second Monday of 
January, in Little Rock. The term is sixty days, but 
may be extended by a two-thirds vote. It is usually 
extended about thirty days. 

Number of Senators and Representatives. The number 
of senators cannot be less than 30, nor more than 35; 
the number of representatives can not be less than 73, 
nor more than 100. At present there are 100 repre- 
sentatives. 



44 CIVIL GOVERNMENT OF ARKANSAS. 

Senatorial Districts, Every decade the legislature 
divides the state into senatorial districts upon the basis 
of the number of adult male inhabitants. The district 
must consist of contiguous territory, and no county 
can be divided in the formation of such district. The 
district is usually composed of two or more counties, 
and is represented by one senator. In some instances 
there are two. Who is your senator? 

Election of Members. The members of the General 
Assembly are elected at the general election, on the first 
Monday of September. The representatives are ap- 
portioned among the counties according to the popula- 
tion. Each county must have at least one. Pulaski 
county has four. The representatives are elected for 
two years, the senators for four. It is so arranged that 
the terms of all the senators do not expire at the same 
time. So there are always some experienced men 
in the Senate. 

Vacancy in the Legislature. The governor appoints 
some one to fill any vacancy that may occur in the 
legislature. This power is given by an amendment 
to the constitution. 

Qualification of Members. A member of the legisla- 
ture must be a citizen of the United States; for two 
years next preceding his election a resident of this state ; 
and for one year a resident of the county or district 
where he is chosen. A representative must be 21 
years of age and a senator 25. 

Officers Ineligible. No person holding a remunerative 
office under the state or the United States (militia 
officers, justices of the peace, postmasters, officers of 
the public schools, and notaries excepted), is eligible 
to a seat in the General Assembly ; nor any one who has 



CIVIL GOVERNMENT OF ARKANSAS. 45 

ever been convicted of any infamous crime, such 
as embezzlement of public money, forgery, etc. 

Oath of Office. The members take the usual oath or 
affirmation to support the Constitution of the United 
States, and of the state of Arkansas, and to discharge 
faithfully the duties of their office. 

Privileges of Members. The members of the General 
Assembly are free from arrest, while in attendance, 
except for treason, felony, or breach of the peace. 
Neither can they be questioned outside of their respec- 
tive houses for anything they may say in debate. Why 
are these privileges given? 

Disqualification of Members. No member of the Gen- 
eral Assembly can, during the term for which he was 
elected, be appointed or elected to any civil office 
under the state. Why is this restriction imposed? 

Salary of Members. The members receive $6 per day 
from the convening to the final adjournment of the 
session, Sundays included. They also receive mileage 
to and from the place of meeting, and a certain amount 
daily for postage stamps and newspapers. 

Salaries of Officers. The speaker of the House and 
president of the Senate, elected by their respective 
bodies, receive $8 per day; in the Senate the secretary 
receives $6 per day, two assistant secretaries, one jour- 
nal clerk, and one chaplain, each $5, a sergeant-at- 
arms and an assistant, each $4, pages, $2.50, one jan- 
tor, $3, and assistant janitors, $2.50 In addition to 
these there are numerous clerks of committees at 
fixed salaries. In the House one clerk receives 
$6, one journal clerk, one assistant journal clerk, 
three clerks, one chaplain, each $5, one ser- 
geant-at-arms, and assistant, $4, and the pages and 



46 CIVIL GOVERNMENT OF ARKANSAS, 

janitors, the same pay as those in the Senate. In the 
House, too, there are many clerks of committees. 

These salaries are fixed by the legislature. The 
amounts due the members and officers must be certi- 
fied to by the president and the speaker, respectively, 
and the auditor draws a warrant upon the treasurer for 
them. 

Quorum. A majority of all the members elected to 
each house constitutes a quorum to do business. 
A smaller number may adjourn from day to day and 
compel absent members to attend. 

Rules. Each house makes its own rules of proced- 
ure. It also has the power to punish its members, and 
w4th a two-thirds vote may expel them. Each house 
keeps a journal of its proceedings and from time to 
time publishes it. The rules of procedure are usually 
formulated by a committee appointed for that purpose 
at the beginning of the term, and they are discussed, 
amended, and adopted by the houses, respectively. 
Generally some standard work, as Roberts' Rules of 
Order, is adopted as authority on all parliamentary 
questions not governed by the rules of the house. 

Membership. Each house is the sole judge of the 
qualifications of its members. It often happens that 
two persons claim to have been elected from a county 
which is entitled to only one representative. The 
house must determine which one is really entitled to 
a seat in the legislature, and it has absolute power in 
this respect. 

President of Senate and Speaker of the House. It is 
made the duty of these officers to preside over the 
meetings of their respective bodies, to sign all bills 
passed, to certify to all expenses, and to appoint all 



CIVIL GOVERNMENT OF ARKANSAS. 47 

committees, of which there are many. They both 
have a right to vote on all questions. 

Legislation by Committees. There is a committee on 
education, a committee on finance, a judiciary com- 
mittee, etc. Bills are referred to their respective com- 
mittees for consideration, before being presented to the 
House or to the Senate. The measures as formulated 
or recommended by the committees are usually adopted, 
if at all, with little or no modification. It is therefore 
evident that most of our legislation is done in the com- 
mittee rooms. This is true with most law-making 
bodies. Some of our most eminent statesmen have 
rendered the highest service and won their greatest 
triumphs in the committee rooms of the legislature 
and Congress, rather than upon the floor in debate. 
What do you conceive to be the advantages and dis- 
advantages of such a system of legislation? 

Other Officers. The secretaries and clerks and assist- 
ants perform clerical duties, the chaplains conduct 
prayers each morning, the sergeants-at-arms preserve 
order, their assistants distribute the mail, the pages 
run errands, and the janitors keep the building clean 
and comfortable. 

Open Doors. The meetings of the legislature and of 
the committees are conducted with open doors, so that 
any one who desires to do so, may witness the pro- 
ceedings. 

Committee of the Whole. The house frequently re- 
solves itself into a committee of the whole for the con- 
sideration of a question, instead of referring it to a 
committee. The speaker or president leaves his chair 
to some other during such session, and at the close of 
the session he resumes his place and receives the 



48 CIVIL GOVERNMENT OE ARKANSAS, 

report of the committee of the whole from the chair- 
man //'<^ tempore. 

Adjournment. Neither house can, without the consent 
of the other, adjourn for more than three days, or to 
any place other than that w^here the houses are sitting. 
Why is this restriction made? 

Yeas and Nays, Each house must keep a journal of 
its proceedings, and at the request of five members 
the ** yea and nay " vote must be taken and recorded. 
The primary object of this is that the public may know 
how each member voted; it is a powerful promoter 
of pure legislation. Like many other good things, it 
is often abused and made a w^eapon with which to kill 
time. 

Style of Laws. The style of the laws is: *'Be it 
enacted by the General Assembly of the State of Ar- 
kansas." This is the *' enacting clause," and it gives 
validity to the law. 

Bills. Laws are passed only by bills. The bill may 
originate in either house, and may be amended or 
modified in the other. It cannot be so modified or 
amended as to change its original purpose. Why this 
limitation? 

Passage of Bills. Every bill must be read three 
times, and on different days, unless by a vote of two 
thirds it is ordered read twice in one day. On its final 
passage the vote is by yeas and nays, and a majority 
of each house must be recorded as voting for it. This 
means a majority of a quorum. The important bills 
are usually printed and copies are distributed to the 
members, to the end that they may vote intelligently 
on each. 

Enactment of Laws, No law can be revised, amended, 



CI VIL GO VERNMEN T OF A RKA NSA S. 49 

or extended in its provisions by simply referring to its 
title, but so much as is meant to be revised must be 
reenacted and republished at length. 

A law goes into effect in Arkansas as soon as it is 
approved by the governor, or passed over his veto, 
unless otherwise provided for by the bill. 

Before a bill can become a law it must be presented 
to the governor for his approval or disapproval. If 
he approves, he signs it: if not, he must return it to 
the house where it originated, with a statement of his 
reasons for the veto. The bill then may be "passed 
over his head " by a majority vote in each house of all 
the members elected to each branch of the Assembly. 
The vote must be by yeas and nays. 

The bill must be returned by the governor within 
five days, Sundays excepted, after it has been pre- 
sented to him. Otherwise it becomes a law just as if 
he had signed it. If the legislature by adjournment, 
should prevent his signing it, he must, if he disapproves 
it, file it with his objections within twenty days after 
adjournment. Do you think it wise to give a veto 
power to the governor? Why? 

Special Legislation. The legislature cannot pass a 
special law changing the venue of criminal cases, 
changing the names of persons, granting divorces, or 
vacating roads. No special law can be passed where 
a general law is applicable, nor can the operation of a 
general law be suspended for the benefit of an indi- 
vidual, a corporation, or an association. What is a gen- 
eral law? Illustrate. A special law? Illustrate. What 
is a corporation? Illustrate. 

No local or special bill can be passed unless notice 
of the intention to apply for the passage of such a bill 

ARK. AND THE NAT. — 4 



50 CIVIL GOVERNMENT OF ARKANSAS. 

has been given in the locality to be affected, at least 
thirty days prior to its introduction. 

Appropriations. The purpose of each appropriation 
must be stated, as well as the maximum amount that 
may be drawn by virtue of the bill. No appropriation 
may be made for a period longer than two years. Why 
this limit? 

General Appropriation. The general appropriation 
can include only the expense of the legislative, executive, 
and judicial departments. Other appropriations must 
be made by separate bills, each covering but one subject. 

Two-thirds Vote Required. A vote of two thirds is 
required to make any appropriation except to pay the 
just debts of the state, defray necessary expenses, re- 
pel invasions, suppress insurrections, and sustain 
the common schools. Why this limitation? Why these 
exceptions? Would it take a two-thirds vote to make 
an appropriation to build a statehouse? 

Inhibitions. The legislature cannot limit the amount 
to be recovered in case of death, nor can it transfer, 
remit, or postpone the obligation of any corporation 
held by the state, grant extra pay to any officer, agent, 
or contractor after the work is done or the contract 
let, or pass any special act conferring corporate powers. 

Revocation. The state reserves the right to revoke 
any charter granted to any corporation. 

Compensation for Property. No property or right of 
way can be appropriated to the use of any corporation, 
until full compensation is made for it. Of course a 
private corporation does not possess the right of emi- 
nent domain. What is meant by the right of eminent 
domain ? What is a public corporation ? Illustrate, 
What is a private corporation ? Illustrate, 



CI VI L GO VERNMEN T OF A RKA NSA S. 51 

Foreign Corporations. Foreign corporations may do 
business in this state. Tliey must keep a known place 
of agency and an agent upon whom process may be 
served within the state. Why this requirement ? 

Uniformity of Taxation. Property must be assessed 
according to its value, and the value of any particular 
kind of property must be the same in different parts 
of the state. 

Certain Property Exempt. Public property used exclu- 
sively for public purposes, churches used as such, 
cemeteries used exclusively as such, school buildings 
and apparatus, and libraries and grounds devoted to 
school purposes, grounds and other property used fpr 
public charity are all exempt from taxation. Why this 
exemption ? Discuss fully. 

Loan of Credit Prohibited, Neither the state, county, 
city, nor incorporated town can loan its credit for any 
purpose whatever. Why this restriction ? Do you 
think it wise ? 

Exclusion of New Bills. No new bill can be introduced 
during the last three days of the legislative session. 
Why? 

Bribery of Officers. He who attempts either directly 
or indirectly to bribe any legislative, executive, or 
judicial officer, as well as he who receives any bribe, 
commits a felony. 

Impeachment. The sole power of impeachment is 
vested in the House of Representatives. The Senate 
tries the impeachment, the chief justice of the su- 
preme court presiding. The House m such a case is 
the grand jury which returns the indictment, while the 
Senate becomes the petit jury, and the chief justice 
the judge by whom the accused is tried, 



5 2 CI VI L GO VERNMEN T OF A RKA NSA S. 

Officers Liable to Ifupeachuient. AH the state officers, 
judges of the supreme court and of the circuit courts, 
chancellors, and prosecuting attorneys are subject to 
impeachment. 

Pujiishment. The result of conviction in case of im- 
peachment is removal from office and disqualification for 
holding any office of profit or trust under the state. The 
person impeached may, also, be indicted and tried by a 
court, the same as any other citizen guilty of a like offense. 

State Cannot be Sued, The state cannot be made a 
defendant in any of her courts. The eleventh amend- 
ment to the Federal Constitution says: ** The judicial 
power of the United States shall not be construed to 
extend to any suit in law or equity commenced or 
prosecuted against one of the United States by citizens 
of another state or by citizens or subjects of foreign 
states." Georgia had been sued by a citizen of South 
Carolina. To preclude such entanglements in the 
future, the eleventh amendment was adopted. 

DECLARATION OF RIGHTS. 

Article II of our state constitution consists of a 
declaration of certain inalienable rights which the 
legislature can in no way abridge. The idea of em- 
bodying in the organic law of the land these imminent 
principles was not a new one with our people. Our 
ancestors compelled William and Mary in 1689 to swear 
allegiance to a bill of rights, as a condition to their 
ascending the throne. The first ten amendments to 
the national Constitution are in the nature of a declara- 
tion of rights. Jefferson and many others labored for 
the adoption of the Constitution, only after it was 
agreed that these ten amendments should be made a 



CIVIL GOVERNMENT OF ARKANSAS. 53 

part of the organic law at the earliest possible moment 
after the institution of our constitutional government. 

Our *' Declaration of Rights" deserves careful, 
continued, and devoted consideration. Ever since 
man has been making history, a large part of what he 
has done has been in defense of some one of the 
principles there enunciated. Their preservation, pos- 
session, and perpetuation have inspired men to heroic 
deeds in almost every human contest known to the 
world, whether in council chamber, or on the battle- 
field. We shall not enumerate those principles here, 
but shall instead refer you to Article II of the constitu- 
tion, with the injunction to read, reread and read 
again, with the assurance that you will find there 
abundant food for reflection. 

State what you conceive to be the value of each right 
there announced; and enumerate the evil consequences 
of its loss or abridgment. Why is it, that these prin- 
ciples which are the inherent rights of the people, have 
been purchased time and again at such an enormous 
cost of property, life, and liberty ? What is an ex post 
facto law? A writ of habeas corpus? A bill of attainder? 
A libel? The right of eminent domain? A perpetuity ? 
A monopoly? A privilege? An immunity? Allodial 
tenure? Why are so many safeguards thrown around 
persons accused of crime ? 

Legislative Power. The legislature may pass any law 
which is not expressly, or by necessary implication, 
prohibited by the state or national Constitution. In 
this respect it is less restricted than is Congress which 
can pass only such laws as are permitted by express 
terms or by necessary implication. 

What is meant by necessary implication? Illustrate. 



54 CIVIL GOVERNMENT OF ARKANSAS. 

EXECUTIVE DEPARTMENT. 

Officers, By the terms of the constitution the execu- 
tive power is vested in one governor, one secretary of 
state, one auditor, one treasurer, and one attorney- 
general. The constitution, however, makes the gov- 
ernor the supreme executive officer. It also empowers 
the General Assembly to provide for a commissioner of 
lands, a commissioner of mines, manufactures, and agri- 
culture, a superintendent of public instruction, and a 
state geologist. Provision has been made for all, 
although at present we have no state geologist. 

Elections. All the state officers, except the geolo- 
gist, are elected by the qualified electors of the state, 
for two years. The election is held on the first Mon- 
day of September. The geologist is appointed by the 
governor. 

There is a strong sentiment in favor of consoli- 
dating the state and Federal elections, by holding our 
general election on the next Tuesday after the first 
Monday of November. State what you conceive to 
be the advantages of such a consolidation; the dis- 
advantages. 

Offices. The state officers are required to keep their 
offices at the capital of the state. The state officers 
are all eligible to reelection. In many of the states 
the treasurer cannot be reelected. Do you think such 
a provision wise ? Why ? 

Qualifications of Governor. The governor must be a 
citizen of the United States, seven years a resident 
of the state and thirty years of age. No constitu- 
tional qualifications are required of the other execu- 
tive officers. 



CrVIL GOVERNMENT OF ARKANSAS. 55 

Why should certain qualifications be made a prerequi- 
site in respect to the governor, and not as to the 
other executive officers ? 

Election Returns. The returns of the general elec- 
tion are addressed by the returning officer to the speaker 
of the House; and he, in the presence of the members 
of the House and of the Senate in joint session, during 
the first week, opens and publishes the vote cast for 
each officer. In case of a tie vote, one of the persons 
voted for is chosen by a joint vote of the two bodies, 
a majority of all the members elected being necessary 
to a choice. 

Contest in Election, In case of a contest in the election 
of any executive officer, the contest is tried and deter- 
mined by the General Assembly at its first session after 
the election. 

Reports. The officers of the executive department 
must make reports in writing to the governor on any 
subject relating to their departments whenever he de- 
mands such reports. 

GOVERNOR. 

Vacancy in Office, If a vacancy occurs in the office of 
governor, the president of the senate becomes gover- 
nor. In case of the former's disability, the speaker 
of the house assumes the duties of the office. If 
the vacancy occurs more than twelve months before 
the expiration of the term for which the governor 
was elected, it is the duty of the person succeeding 
him to call a special election for the selection of 
another governor. 

Enforcement of the Laws, It is incumbent upon the 
governor as the supreme executive officer to see 



56 CIVIL GOVERNMENT OF ARKANSAS. 

that the laws are enforced. It is not his business to 
discuss the merits of the laws w^ith either the law- 
makers or the judges. It is his duty only to enforce 
them as they exist. 

Commander in Chief. The governor is commander 
in chief of the naval and military forces of the state, 
except when they are in the actual service of the 
United States. 

Messages. The governor, by message, gives the 
General Assembly, from time to time, such information 
concerning the state, and such suggestions as to legis- 
lation, as he deems essential to the welfare of the 
people. 

Pardoning Power. The governor has the power to 
pardon any person convicted of criminal or penal 
offense except in cases of treason and impeachment. 
By and v/ith the advice and consent of the Senate he 
may pardon one convicted of treason. 

Why is this pardoning power granted? Is it neces- 
sary for the attainment of justice ? 

Extra Sessions. The governor may convene the Gen- 
eral Assembly on extraordinary occasions. He must, 
however, specify in his proclamation calling such ses- 
sion, the subjects of legislation at such meeting. After 
the legislature has disposed of the subjects designated 
by the call, it may by a two-thirds vote continue in 
session fifteen days for the consideration of any other 
matters. 

Adjournment. The governor may, if the two houses 
fail to agree upon a time for adjournment, adjourn the 
General Assembly. Unless the regular session is ex- 
tended by vote it expires by operation of law at the 
end of sixty days. 



CI VIL GO VERNMEN T OF A RKA NSA S. 5 7 

Appointive Power. The third amendment to the con- 
stitution of the state provides that in case of a vacancy 
in any state, district, county, or township office, by 
death, resignation, or otherwise, the governor shall ap- 
point some one to serve for the unexpired term, or until 
after the next general election. This amendment pre 
eluded the numerous and expensive special elections 
which arose under Sec. 50, Art. VII of the constitution. 

The governor appoints chancellors, special judges of 
the supreme court, and notaries public. He also 
appoints the members of the boards of trustees for 
the Arkansas Industrial University, the charitable in- 
stitutions, and the board of directors of the Ex-Con- 
federate Home, subject to confirmation by the Sen- 
ate; boards of ecjualization in all the counties, the 
board of health, the board of dental examiners, the 
board of medical examiners, and the board of phar- 
macy. He may appoint one or more commissioners 
in any state or territory of the United States, whose 
powers relative to the instruments to be used 5n this 
state are the same as those of a notary public. The 
governor also makes a temporary appointment of a 
United States senator, in case of a vacancy during a 
recess of the legislature. 

Commissioners. The county and the township officers, 
except the constable, all judicial officers, the circuit 
clerks, prosecuting attorneys, military officers, and 
notaries public, are commissioned by the governor. 

Salary. The governor receives $3000 per annum, 
and the use of a mansion during his term of office. (As 
yet no mansion has been built, but rent is allowed.) 
He has a private secretary at a salary of $1600 per an- 
num, one clerk at $900, and a janitor at $240. 



58 CIVIL GOVERNMENT OF ARKANSAS, 

SECRETARY OF STATE. 

Bond. The secretary of state gives a bond to the 
state in the amount of $5000. 

Duties. He keeps a full and accurate record of the 
ofi&cial acts of the governor; attests all commissions 
issued by the governor, and all other official acts that 
require the seal of state; furnishes the public printer 
with a correct copy of the acts and resolutions of the 
General Assembly, with a thorough and complete index 
to them; cares for and sells the reports of the supreme 
court, and distributes them throughout the counties 
of the state; looks after the statehouse and the ap- 
purtenances thereto; takes care of the state library; 
issues charters to corporations, and performs numerous 
other duties. 

Salary. The secretary of state is paid $1800 per an- 
num for his labors. He has one first clerk at $1500, 
one second clerk at $1200, one library clerk at $1200, 
and a janitor at $240 per annum. 

AUDITOR. 

Bond. The auditor is required to give a bond to the 
state in the sum of $100,000 as a guaranty of the faith- 
ful discharge of his duties. 

Duties. He makes a report to the governor on or 
before the tenth day of October preceding the meeting 
of the General Assembly including a full and detailed 
statement of the revenue and expenditures for the two 
previous years, and an estimate of the receipts and 
disbursements necessary for the two following years; 
he is the general accountant of the state, and keeps 
the accounts between the state and the United States, 
and those between the state and every officer or person 



CIVIL GOVERNMENT OF ARKANSAS. 59 

who has dealings with it; he draws warrants on the 
treasurer for all lawful claims against the state. 

Salary. He receives $2250 per annum. He may 
employ one chief clerk at $1800, one second clerk at 
$1500, two other clerks at $1200, a janitor at $240, 
and one printing clerk at $1200 per annum. 

TREASURER. 

Bond The state treasurer gives a bond for 
$600,000. 

Duties. The treasurer is the custodian of the state's 
funds, and he disburses them upon the warrants drawn 
by the auditor. He must keep a true and comprehen- 
sive account of his transactions, and make a biennial 
report to the governor as to the condition of the 
treasury. 

Salary. The treasurer's salary is $2250 per annum. 
He has a cashier at $1800, a bookkeeper at $1500, 
two clerks at $1200 each, and a janitor at $240 per 
annum. 

ATTORNEY-GENERAL. 

Duties. The attorney-general is the legal adviser 
of the state officers, and of the prosecuting attorneys. 
When required by any of them to do so, he must sub- 
mit his opinion in writmg. He attends the sittings of 
the supreme court and maintains and defends the 
interests of the state in matters before that tribunal. 
It is his duty to prosecute any state officer who has 
failed to account for all money according to law. 

Salary. For his services he receives a salary of 
$1500 per annum, and he is allowed $1600 for clerk 
hire. 



6o CIVIL GOVERXMEXT OF ARKAXSAS. 

COMMISSIONER OF STATE LANDS. 

Bond, The amount of the bond of the commissioner 
of state lands is $20,000. 

Duties, He has charge of the sale of the state's 
lands, and it is his duty to encourage immigration. He 
must render an account of all the funds received by 
him for sale of lands. He may either sell the land at 
Si. 25 per acre, or permit citizens to locate it as a 
homestead. 

Salary. He receives a salary of S1800 per annum. 
He employs one chief clerk at S1560, three clerks at 
S1200 each, and one clerk at Siooo per annum. 

COMMISSIONER OF MINING, MANUFACTURING, AND 
AGRICULTURE. 

Bond, His bond is for Sio,ooo. 

Duties. It is his duty to advance in every possible 
way the agricultural, mining, and manufacturing inter- 
ests of the state. He is custodian of the exhibits of 
the state's products at the capital. He spends much 
of his time traveling over the state, instructing the 
people as to the best methods for raising the agricul- 
tural and horticultural crops adapted to our soil and 
climate. He is one of the most important officers of 
the state. Why ? 

Salary, He receives a salar}^ of $1800 per annum, 
and has a deputy at a salary of Si 200. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Duties. He exercises supervision over the school 
funds of the state to the end that they may be 
safely and wisely invested and expended; he makes 



CIVIL COVERNMEiVT OF ARKANSAS, 6i 

the pro rata apportionment to the several counties of 
the state; he is the general adviser of the county ex- 
aminers, teachers, and school officers of the state; he 
furnishes the officers by means of pamphlets with the acts 
of the General Assembly and decisions of the supreme 
court relative to school matters, and when requested 
by any of said officers to do so, he must give his 
written opinion upon any questions arising out of the 
school law. 

He also makes a biennial report to the governor 
relative to the condition of the schools, containing 
among other things the following data: The num- 
ber of persons of school age, the number of such 
persons in each county, the number of each sex and 
of each color, the number that attended the public 
schools during the last year, the number that studied 
each school branch, the average wages paid teachers 
of each sex, the amount of permanent school fund, the 
income derived from each source, and many other 
things of importance to the public. 

Salary. His salary is $1800 per annum. He is 
allowed a deputy at $1200, a clerk at $600 and a 
janitor at $240 per annum. 

BOARDS COMPOSED OF STATE OFFICERS. 

Board for State Debt. Governor, secretary of state, 
and auditor. It looks after the sale of state bonds. 

Board of Commissioners of School Funds. Secretary of 
state, auditor, and superintendent of public instruction. 
It attends to the investment of the common school fund. 

Board of Commissioners to Let Contracts. Governor, 
secretary of state, and auditor. This board lets all 
public contracts. 



62 CIVIL GOVERNMENT OF ARKANSAS. 

Board of Penitentiary Commissioners . Governor, sec- 
retary of state, and attorney-general. It has the man- 
agement of the penitentiary and convicts. 

Board of Pensions. Secretary of state, auditor, attor- 
ney-general, and commissioner of mines, manufactures, 
and agriculture. This board examines the application 
for pensions. This, of course, refers to the soldiers or 
sailors of the Confederacy, who are pensioned by the 
state. 

Board of Railroad Commissioners. Governor, secretary 
of state, and auditor. It assesses the value of the 
property of each and every railroad operated wholly or 
partly in the state. 

Board of Municipal Corporations. Auditor, attorney- 
general, and secretary of state. It classifies the 
municipal corporations. 

Board of Review of Donation Contests. Secretary of 
state, attorney-general, and land commissioner. The 
contests between persons who claim the same piece of 
land by right of donation may be finally appealed to 
this board for adjudication. 

Burning Board. Governor, secretary of state, and 
auditor. From time to time the canceled scrip, treas- 
urer's certificates, warrants, and such other securities 
as may have accumulated in the treasury are burned. 

Board of Election Commissioners. Governor, secretary 
of state, and attorney-general. This board appoints 
in each county, before general elections, three election 
commissioners whose duty it is to select judges for 
each voting precinct. 

State Board for Building Railroads. Auditor, attorney- 
general, and governor. This board superintends the 
work of building state railroads by convicts. 



CI VI L GO VERNMEN T OE ARK A NSA S. 63 

EX OFFICIO OFFICERS. 

The governor is ex officio president of the board of 
trustees for the Arkansas Industrial University. The 
auditor is insurance commissioner. The land commis- 
sioner is state timber inspector. The treasurer is 
president and treasurer of the board of trustees of the 
charitable institutions. 

Unconstitutional Laws. An executive officer is not 
bound under his oath to execute a law which, in his 
judgment, is unconstitutional. The constitution is the 
supreme law of the land. However, if he precedes the 
supreme court in judging a law null and void, he does 
so at his peril. While, on the other hand, if he executes 
a law, which is afterwards declared unconstitutional, 
he is responsible for any damages resulting from the 
enforcement of the law. See Ry. Co. v. Worthen, 46 
Ark. 312. 

JUDICIAL DEPARTMENT, 

The judicial department is vested in one supreme 
court, circuit courts, county and probate courts, jus- 
tices of the peace, municipal corporation courts, courts 
of common pleas, and chancery courts. The last three 
are creatures of the legislature. 

SUPREME COURT. 

Justices. The supreme court is composed of one 
chief justice and four associate justices. The number 
of associate justices was increased from two to four in 
1889. A majority of the judges is necessary to a 
decision. 

Jurisdiction. The supreme court has only appellate 
jurisdiction, except in a few instances provided for by 



64 CIVIL GOVERNMENT OF ARKANSAS, 

the constitution, where it has original jurisdiction. In 
the exercise of original jurisdiction it may issue a writ 
of quo warranto. What is meant by appellate juris- 
diction ? By original jurisdiction ? What is a writ of 
quo warranto ? 

The supreme court may, in aid of its appellate juris- 
diction, issue a writ of supersedeas., of certiorari., of habeas 
corpus^ and of manda77ius. 

The writ of sipersedeas restrains a proceeding on a 
judgment which has been obtained in a lower court. 

The mandamus compels the performance of some act. 

The writ of habeas corpus is for the purpose of bring- 
ing the person before the court so that the cause of his 
imprisonment may be investigated. 

The certiorari is for the purpose of bringing the 
record of the proceedings in a lower court before the 
superior court. 

Tenure of Office, The supreme judges are elected by 
the people, for a term of eight years. 

Where Held. The supreme court is held at the seat 
of government, which is fixed by the constitution at 
Little Rock. 

Qualifications of Judges, A judge of the supreme 
court must be thirty years of age, of good moral char- 
acter, a citizen of the United States, for two years a 
resident of the state, and must have practiced law for 
eight years. 

Salary of Judges. The judges each receive a salary 
of $3000 per annum. 

Officers of the Court. There is a clerk of the su- 
preme court, appointed by the court for a term of six 
years, at a salary of $2500 per annum. He may em- 
ploy two deputies, one at $1500 and one at fiooo per 



CIVIL GOVERNMENT OF ARKANSAS. 65 

annum, respectively. The clerk makes a record of the 
proceedings of the court. There is a reporter ap- 
pointed by the court for six years at a salary of $2000 
per annum. It is his duty to prepare the state re- 
ports for publication. There is also a supreme court 
librarian appointed by the court. He has charge of 
the court library. The sheriff of Pulaski county waits 
upon the supreme court. 

Decision Final. The decision of the supreme court is 
final unless a principle of Federal law is involved, when 
the case may be appealed to the United States supreme 
court. 

CIRCUIT COURTS. 

The constitution provides that the state shall be 
divided into a convenient number of circuits, to be 
made up of contiguous counties. There are at present 
seventeen circuits. In which do you live ? What 
counties compose it ? 

Jurisdiction. The circuit court has jurisdiction in 
both civil and criminal cases. It has a supervisory 
control over county and probate courts, courts of 
common pleas, municipal courts, and justices of the 
peace. In counties where separate chancery courts 
have not been established, the circuit court has equity 
jurisdiction. It may, upon information, presentment, 
or indictment, remove any county or township officer 
for incompetency, corruption, gross immorality, crimi- 
nal conduct, malfeasance, misfeasance, or nonfeas- 
ance in office. 

What is the meaning of equity jurisprudence as 
contrasted with law ? What is an information ? A 
presentment ? An indictment ? What is malfeasance ? 
Misfeasance ? Nonfeasance ? 

.\RK. AND THE NAT. — 5 



66 CIVIL GOVERNMENT OF ARKANSAS, 

Qualifications of Judges. A circuit judge must be a 
citizen of the United States, for two years a resident 
of the state, twenty-eight years of age, of good moral 
character, learned in the law, and he must have prac- 
ticed law for six years. 

Election of Judges. The circuit judge is elected by 
the qualified electors of his circuit, for a term of four 
years. 

Two Judges. It has recently been decided that a 
circuit may have more than one judge, and now the 
Pulaski circuit has two. One disposes of the criminal 
cases, and the other of the civil cases. 

Salary of Judges, The circuit judges receive each 
$2000 per annum. Those of the Pulaski circuit receive 
$500 extra, the addition being paid by the county of 
Pulaski. 

Officers of Court. The circuit clerk is elected by the 
qualified electors of the circuit. He is clerk of the 
court and receives his remuneration in fees. He is 
ex officio recorder, and county clerk of counties with a 
population of less than 15000. 

Prosecuting Attorney. The prosecuting attorney is 
elected by the people of the circuit, for a term of two 
years. He must be a citizen of the United States, 
learned in the law, and a resident of the circuit for 
which he is elected. He is the officer of the court 
whose duty it is to prosecute those who have been in- 
dicted for the violation of some penal law; he receives 
for this service a salary of $200 per annum, and a fixed 
fee for each conviction he obtains. 

Attorneys. Attorneys are officers of the circuit 
courts, as they are of all other courts in which they 
are enrolled. 



Cn'IL GOVERXMENT OE ARKANSAS, 



67 



Sheriff. The sheriff is another officer of this court; 
his duties have been described in a previous chapter. 

Grand Jury. The circuit judge appoints three jury 
commissioners. They select sixteen men, whose names 
they write on a piece of paper which they seal and 
deliver to the judge in open court. They also select 
nine others designated as alternates and deliver their 
names in the same manner. The judge gives both 
lists to the circuit clerk. Within thirty days before 
the next term of court, and not sooner, the clerk opens 
the envelope containing the names, makes an abstract 
of each list, and delivers the abstracts to the sheriff, 
who must, at least three days before court opens, sum- 
mon each grand juror and alternate to attend the first 
day of the term of court. 

The judge appoints one of the grand jurors as fore- 
man. 

It is the sworn duty of the grand jury to make a dili- 
gent inquiry into every public offense alleged to have 
been committed within their jurisdiction. If they be- 
lieve the evidence against any person strong enough to 
convict him, they must indict him, which they do by 
returning what is called '' a true bill." They may ex- 
amine witnesses in the presence of and with the aid of 
the prosecuting attorney. However, when they vote 
on the indictment, no one but the grand jurymen can 
be present, and an agreement of twelve is necessary to 
sustain the indictment. It is also the duty of the 
grand jury to investigate the work and books of the 
county officials and to report the result of their investi- 
gations to the court. 

Petit Jury. The petit jury is selected in the same 
way, and by the same commissioners as the grand jury. 



68 CIVIL GOVERNMENT OF ARKANSAS. ' 

The commissioners select twenty-four names, and 
at the discretion of the court may select twelve 
alternates. 

It is the duty of the petit jury to weigh carefully all 
the evidence given in a case, and to consider the law 
as expounded by the court, and then well and truly to 
render a verdict in accordance with the law and evi- 
dence. Twelve men constitute the petit jury, and the 
concurrence of all is necessary to a verdict. 

Exemption from Jury Duty. Certain persons, as mill- 
ers, attorneys, physicians, firemen, etc., are exempt 
from service on the jury. Why ? 

Compensation of Jurors. Each jury commissioner re- 
ceives $3, each petit and grand juror, $2, and each wit- 
ness in the circuit court, $1.50 per day. 

CHANCERY COURTS. 

How Created. The legislature has the power to create 
chancery courts. There are at present four chancery 
circuits in the state. 

Jurisdiction, The chancery court administers equity 
jurisprudence. One goes to the chancery court to 
foreclose a mortgage, to obtain a divorce, to make an 
assignment, to enforce a trust, to wind up the affairs 
of a partnership, etc. 

Where there is no chancery district the circuit judge 
is also chancellor, keeping a law docket, and a 
chancery docket. 

Qualification, Salary, and Appointment, The chancellor 
must possess the same qualifications as a circuit judge. 
He receives from $2000 to $2500 per annum, and is 
appointed by the governor. 



CIVIL GOVERNMENT OF ARKANSAS. 6g 

COURTS OF COMMON PLEAS. 

Jurisdiction. Some courts of common pleas have 
been established by the legislature. Their jurisdiction 
is a little more extensive than that of justices of the 
peace in civil matters. Where courts of common pleas 
have been established the county and probate judge is 
also judge of the court of common pleas, and receives 
extra pay for such services. 

SPECIAL JUDGES. 

How Appointed, Whenever a judge of the supreme, 
county, or probate court is for any reason disqualified 
for sitting in a case, the governor appoints a special 
judge. In the circuit and chancery courts the regular 
practicing attorneys present in the court room elect 
the special judge, when one is needed. The special 
judges receive compensation as fixed by law. Who 
are the state officers at present ? Who is your circuit 
judge? Your prosecuting attorney? Who are the 
judges of the supreme court? Who is your state 
senator ? Your representative ? 



CHAPTER VI. 

MUNICIPAL GOVERNMENT.! 

Incorporation. The General Assembly has made gen- 
eral laws for the organization of incorporated towns and 
cities, and has restricted their powers of taxation, and 
of contracting debts. (It is this restriction that causes 

I. Tn this chapter the word ^oivn is used in its usual and popular sense, 
meaning a village or small collection of peoplej 



70 CIVIL GOVERNMENT OF ARKANSAS, 

many to demand a new constitution. See Sections 
3, 4, and 5 of Art. II, of the constitution.) 

Limitations, A municipal corporation (incorporated 
town or city) cannot pass a law contravening the con- 
stitution or laws of the state or of the United States. 
It cannot levy a tax on real or personal property to a 
greater extent, in one year, than five mills on the 
dollar, of the assessed value of such property. It may, 
however, to pay an indebtedness existing at the adop- 
tion of the constitution of 1874, levy an additional five- 
mill tax. 

Right of Eminent Domain, The city may appropriate 
any property to its use, but before doing so, it must 
compensate the owner thereof. 

Classification. Municipal corporations are divided 
into three classes, viz., cities of the first class, cities of 
the second class, and incorporated towns. 

CITIES OF FIRST CLASS. 

Cities of 5000 inhabitants or more are of the first 
class. 

Officers. The elective officers of cities of the first 
class are the mayor, the treasurer, the clerk, the attor- 
ney, the police judge, and aldermen. They are elected 
by the qualified electors of the city, on the first Tues- 
day of April, for two years. There are other officers 
who are appointed by the city council, by the mayor, 
or by both, such as the chief of the fire department, 
the chief of police, the city physician, the police 
matron, etc. 

Departments of Government. There are three depart- 
ments of government, viz., executive, legislative, and 
judicial. 



CIVIL GOVERNMEXT OF ARKANSAS. 71 

EXECUTIVE DEPARTMENT. 

The Mayor. The executive department is vested in 
one mayor. (In case of a vacancy of his office, if the 
unexpired term is less than six months, the council 
may, by a majority vote, appoint his successor; other- 
wise an election is ordered.) 

Duties. It is his duty to conserve the peace, to see 
that the city ordinances are properly enforced, to exam- 
ine the grounds of all reasonable complaints made against 
the officers of the city, and see that officers guilty of 
violation of duty are punished, to preside at the council 
meetings, and from time to time to report the condition 
of the city and make such recommendations to the 
council as seem advisable to him, to supervise the con- 
duct of the officers of the city, and to devote his time 
and attention to the city's interest. 

Appointive Fowe?\ The mayor appoints the chief of 
police, and the chief of the fire department. He may, 
for good cause, suspend either of them, subject, how- 
ever, to the action of the council. 

Veto Power. He may veto any ordinance passed by 
the council within three days after its passage. He 
must file with the clerk his reasons for so doing. The 
council may, by a two-thirds vote of all aldermen 
elected, pass any ordinance over the mayor's veto. 

Salary. The salary of the mayor is fixed by the 
council. It cannot exceed $2500 per annum. 

City Clerk. The clerk has custody of the code of 
laws and ordinances of the city. He makes a record 
of the proceedings of the council, and renders quarterly 
detailed statements of the financial condition of the city. 

Collector and Treasurer, The collector collects the 
revenue derived from licenses granted to persons for 



72 CI VI L GO VERNMENT OF A RKA NSA S, 

the privilege of carrying on certain businesses, such as 
dealing in real estate, loaning money, selling whisky, 
driving drays, etc. He also collects the improvement 
district tax. The treasurer is the custodian of the 
city's funds. 

Physician. The city physician looks after the health 
of the city. He prescribes for those who are unable to 
pay for the services of a physician, and reports each 
month the number of deaths and births in the city. 

Attorney, The city attorney attends to all the suits 
brought by or against the city. He is, also, the legal 
adviser of the mayor and council. 

Police Matron. The police matron has supervision of 
the women and girls in the city prison. Her salary 
cannot be less than $25 per month. 

Board of Health. The board of health, appointed by 
the city council, is invested with such powers as may 
be necessary to protect the inhabitants against conta- 
gious, malignant, or infectious diseases. The jurisdic- 
tion of this board extends one mile beyond the city 
limits, and for the purpose of quarantine, in case of 
epidemic, five miles. 

Fire Department, The " chief " is at the head of this 
department, appoints the subordinates, and supervises, 
directs, and controls their work. He may discharge 
them for inefficiency or misconduct. 

Board of Public Affairs, In every city of the first class 
there is a board of public affairs, composed of the 
mayor as chairman, and two citizens of the city elected 
by the council. 

This board has the power to make purchases of 
all supplies, materials, and apparatus necessary for 
building purposes of the city, and to make all neces- 



CIVIL GOVERNMENT OF ARKANSAS. 73 

sary contracts for work to be done, or materials to be 
furnished for the benefit of the city. When, however, 
the expenditure exceeds $50 it must be made with the 
approval of the council, and the contract must be let 
to the lowest responsible bidder. 

LEGISLATIVE DEPARTMENT. 

The Council, The legislative department is vested 
in the council composed of the aldermen elected by 
the people. The city is divided into wards, and each 
ward has two aldermen. It is so arranged that one 
from each ward is elected annually, so that the council 
is never composed entirely of new members. 

What are the advantages of such an arrangement ? 

Organization. The aldermen meet for organization 
on the first Monday night after the election. A ma- 
jority is necessary to constitute a quorum. The mayor 
is ex officio president of the council and in case of a tie 
has the deciding vote. 

Fo7vers. The council has the power to make the rules 
to govern its proceedings, to determine the number of 
subordinate officers that shall be appointed, to expel 
any member of the council, to remove any officer of 
the city, to establish and organize fire companies, to 
regulate- markets and market places, to supervise 
streets, alleys, bridges, etc., to regulate the character 
of vehicles used upon the streets, to establish landing 
places; in brief, to legislate for the benefit of the city 
so long as it keeps within the powers of its charter. 
The constitution of a city is called a charter. 

Salaries. The salaries of the city officers, including 
the aldermen, are fixed by the council. 



74 CIVIL GOVERNMENT OF ARKANSAS. 

Wards, For convenience the city is divided into 
wards, just as the county is divided into townships. 
For the purposes of elections, a polling place is located 
in each ward. 

JUDICIAL DEPARTMENT. 

Police Court. The judicial department is vested in 
the police judge. The police court has a seal and is 
a court of record. It has original jurisdiction in 
cases of misdemeanors arising under the city ordi- 
nances, and concurrent jurisdiction with the justice of 
the peace in misdemeanor cases arising under the laws 
of the state, for acts committed within the corporate 
limits. In trials for the violation of city ordinances 
there can be no intervention of a jury. Any one con- 
victed in the police court has the right of appeal to the 
circuit court. 

Fines. It is the duty of the police judge to pay to 
the treasurer, some time within the first three days of 
the month, all the money he has received as penalties, 
fines, and forfeitures. 

Police Department. The chief of police is at the head 
of this department. He appoints the policemen, has 
has general supervision over them, and may discharge 
them for inefficiency or misconduct. He, in person, or 
by some policeman acting as his deputy, attends the 
sittings of the police court, and executes its orders. 

CITIES OF THE SECOND CLASS. 

Officers. The officers of the city of the second class 
are mayor, marshal, recorder, treasurer, and aldermen, 
— two from each ward. They are elected by the 
people, for two years. 



CI J VL GO I ^ER.VMEiV T OF A RKA NSA S. 7 5 

Mayor, The mayor of the city of the second class, 
in addition to the ordinary duties that attach to the 
mayoralty office, is invested with judicial powers sim- 
ilar to those of the justice of the peace. It is well 
to notice that the executive and judicial departments 
are vested in one person. 

Marshal. It is the duty of the marshal to execute 
the orders of the mayor, to suppress disturbances, and 
to arrest offenders of the law. 

Treasurer and Recorder. These officers do what their 
titles indicate, and perform such other duties as the 
council may see fit to impose upon them. 

Council. The council of the city of the second class 
has essentially the same duties and powers as that of 
the city of the first class. 

Population, The population of the city of the second 
class must be between 2500 and 5000. 

INCORPORATED TOWNS. 

An incorporated town is any incorporated village or 
town whose population does not exceed 2500. When 
an incorporated to vn wishes to become a city of the 
second class, or a city of the second class wishes to 
become one of the first class, in addition to the attain- 
ment of the requisite number of inhabitants, there are 
certain legal steps that must be taken to consummate 
the change. 

Officers. The elective officers of an incorporated town 
are the mayor, the recorder, and five aldermen. 

Mayor, The mayor presides over the council meet- 
ings, conserves the peace, and like the mayor of the 
city of the second class, is invested with the powers of 
a justice of the peace. 



76 CIVIL GOVERNMENT OF ARKANSAS, 

Other Officers, The statutes permit the council to pro- 
vide for the election of a marshal, a treasurer, and such 
subordinate offices as may be necessary for the good 
government of the town. Most incorporated towns 
have a marshal and a treasurer w4th their usual powers 
and duties. 

Council. The duties and powers of the councils of 
incorporated towns are similar to those of the councils 
of cities, but not so extensive. 

How Organized. The inhabitants of any territory not 
included in a municipal corporation, may petition the 
county court to incorporate a specified territory into 
a town. The petition must be signed by at least 
twenty quaHfied electors residing in said territory. 
Opportunity is given for any one who desires to do 
so, to show why the petition should not be granted. 
If in the opinion of the court there is no good and 
sufficient reason why such incorporation should not 
be effected, the petition is granted, and then the in- 
habitants can organize the town and elect officers. 

MUNICIPAL GOVERNMENTS IN GENERAL, 
It is a sad truth that a clean, honest, and eco- 
nomical municipal government is a rare thing in the 
United States, except, possibly, in some of the smaller 
cities. Our great cities are hotbeds of political cor- 
ruption. About 47^ of our population lives in cities, 
and our centers of population are rapidly becoming 
more and more congested. The question of municipal 
government is one of the most difficult and most im- 
portant problems for solution at the present time. 

Our municipal governments are modeled after that 
of London,. which, was practically perfected some six 



CIVIL GOVERNMENT OF ARKANSAS. 



11 



hundred years ago. They are republics. In some the 
council consists of two bodies or houses, in others of 
one, as is true in Arkansas. Name your municipal 
officers 



CHAPTER VII. 



MISCELLANEOUS. 



Qualifications of Electors. A voter must be a male cit- 
izen of the United States, or one who has declared his 
intention of becoming one, twenty-one years of age, a 
resident of the state twelve months, of the county six 
months, and of the precinct or ward one month next 
preceding the election at which he proposes to vote. 
He must also ha^^e paid his poll tax. 

Idiots and insane persons are not allowed to vote; 
neither are those convicted of felony unless they have 
received pardon at the hands of the governor. 

Amendments. The General Assembly, by a majority 
vote of the members elected to each house, may propose 
an amendment to the constitution. Notice, by pub- 
lication, is given in each county of the state, for six 
months before the next general election, at which elec- 
tion such amendment is voted upon. If a majority of 
the electors voting at such election adopt such amend- 
ment it becomes a part of the constitution. Not more 
than three amendments may be submitted at one elec- 
tion. Three amendments have been adopted. The first 
repudiates the '^Holford bonds," the "levee bonds," 
and certain "railroad bonds." The second fixes the 
qualification of electors in this state. The third so 






78 CIVIL GOVERyMENT OF ARKANSAS. 

extends the appointive power of the governor as to 
abolish special elections. 

Usury. All contracts for a greater rate of interest 
than io(/o per annum are void both as to princi- 
pal and interest. If no rate of interest is fixed, 6^ 
obtains. 

Militia. The militia of the state consists of the state 
guard and the reserved militia. 

The state guard consists of such persons liable to 
military duty as voluntarily enroll and uniform them- 
selves for service therein. 

The reserve militia consists of such persons liable 
to military duty as have not voluntarily enrolled in the 
state guard. 

All male residents of the state between the ages of 
eighteen and forty-five are liable to military duty, 
with the exception of officers of the state, ministers of 
the gospel, physicians, druggists, etc. 

The state guard and reserved militia are organized 
in the same manner as the army of the United States, 
and are governed by the same rules and regulations. 
Volunteer companies may be organized, to the number 
of four in each county. The officers are a captain, a 
first lieutenant, a second lieutenant, and a third lieu- 
tenant. 

The officers of the state militia are commissioned by 
the governor. The governor is commander in chief, 
and his private secretary performs the duties of the 
adjutant general, said office having been abolished by 
the General Assembly. 

Election Law, The elections are now conducted by 
the so-called " Australian Ballot System." The poll- 
ing place is provided with booths, so that each voter, 



CIVIL GOVERNMENT OE ARKANSAS. 79 

alone and out of sight or influence of any person, may 
prepare his ballot. All the names of candidates are 
on one ticket, and the elector scratches out or marks 
over all except the ones for whom he wishes to vote. 
Only the judges of the election and officers appointed 
to aid in conducting it, are allowed to come nearer 
than within fifty feet of any door or window of .the 
polling place, except the man about to vote, and his 
time for voting is limited to five minutes. When the 
voter enters, his name is called aloud, and he is fur- 
nished by one of the judges with a ballot. He repairs 
to a booth or '' stall," prepares his ticket, folds it and 
delivers it to the judges, and then immediately leaves 
the polling place. No one is allowed to have any 
ticket outside the polling place, or to electioneer 
within one hundred feet of such place. 

Exemptions. The state has made certain exemp- 
tions for the benefit of unfortunate debtors. A resi- 
dent who is not married, or the head of a family 
may keep $200 worth of personal property which is 
not subject to execution on any contract debt, except 
the purchase price of the property itself. A married 
resident has $500 worth exempt. One's homestead is 
not subject to any judgment except such as may have 
been rendered for purchase price, mechanics' or labor- 
ers' liens, taxes, etc. A homestead outside of a mu- 
nicipal corporation may include one hundred and sixty 
acres, to the value of $2500. One inside a municipal 
corporation may include one acre, valued at $2500. 

STATE INSTITUTIONS. 

Arkansas Industrial University. In 1862 the Con- 
gress of the United States passed an act by which 



8o CIVIL GOVERNMENT OF ARKANSAS, 

public lands were donated to those states and terri- 
tories which would establish colleges for the benefit of 
agriculture and the mechanic arts. By an act of the 
General Assembly in 1867, Arkansas accepted the 
grants of land. In 187 1, an act was passed by the 
General Assembly for the establishment of the Arkan- 
sas Industrial University. Washington county sub- 
scribed $100,000, and the city of Fayetteville $30,000, 
and the university was located at Fayetteville. It was 
opened for the reception of students in 1872. 

In 1887 Congress passed an act appropriating money 
to colleges that would establish an agricultural station. 
This appropriation was accepted by our General Assem- 
bly in 1889, and the sum of $15,000 per annum thus 
comes to our university. The object of such a depart- 
ment is to encourage original research and experi- 
ments in the physiology of animals and plants, and 
thereby to raise to the highest possible standard our 
animals and our agricultural products. 

In 1890 Congress made another grant to colleges for 
the advancement of agriculture and the mechanic 
arts. One clause of this act required that an equita- 
ble division should be made between the white students 
and the negroes. In 1891 our General Assembly ac- 
cepted the grant, giving eight elevenths to the Indus- 
trial University at Fayetteville and three elevenths to 
the Branch Normal School at Pine Bluff — the latter 
being a school for the negroes. By this act $10,000 
came to the state the first year after acceptance, to be 
increased by $1000 each year uutil the limit of $25,000 
per annum is reached. 

The university is governed by a board of six trus- 
tees, appointed by the governor, with the advice and 



CIVIL GOVERNMENT OF ARKANSAS, 8 1 

consent of the Senate. One trustee is appointed from 
each Congressional district, for a term of six years. 
It is so arranged that two are appointed every two 
years. The board has extensive powers in the govern- 
ment of the university. It elects a treasurer and a 
secretary. 

A farm is run in connection with the school, so that 
the students are given an opportunity to earn some 
money, as well as to obtain a practical and theoretical 
knowledge of farming. 

We may well be proud of the Industrial University 
which offers excellent courses to the young men and 
women of our state. 

The Law Department is at Little Rock, as is also the 
Medical Department. They are both doing good 
service, although at present they cost the state practi- 
cally nothing. 

Branch Normal SchooL The Branch Normal School at 
Pine Bluff was established for the purpose of educating 
colored teachers. 

CHARITABLE INSTITUTIONS. 

The Lunatic Asylum, The Deaf Mute Institute, The 
School for the Blind, These are all located at Little 
Rock. They are well equipped with capacious and 
commodious buildings, and convenient appurtenances 
thereto. They have been favored for many years with 
successful management. The unfortunates who be- 
come inmates of these institutions are as well cared 
for as they would be in any state in the Union. 

The institutions are governed by a board of six 
trustees appointed by the governor, one being selected 
from each Congressional district, for two years. 

ARK. AND THE NAT. — 6 



I ^ 



82 CIVIL GOVERNMENT OF ARKANSAS, 

Confederate Soldiers' Home. There is a home for the 
Confederate soldiers, which is supported by the state, 
and is open to the homeless and indigent Ex-Confed- 
erate soldiers. 

PENAL INSTITUTIONS. 

, The Penitentiary, The penitentiary is located at 

|l Little Rock. The convicts, as far as possible, are hired 

to lessees who pay the state a certain amount for their 
jll \ services. There are many objections to this system of 

In leasing convicts, but thus far the state has been unable 

to devise a better plan for employing its prisoners. 

The General Assembly of 1897 provided for the 
purchase of a convict farm on which to employ the pris- 
oners. Also a bill was passed providing for the 
construction of state railroads by convicts. 

CONGRESSIONAL DISTRICTS. 

The state of Arkansas is divided into the following 
Congressional districts: 

First District: Sharp, Randolph, Clay, Lawrence, 
Greene, Craighead, Mississippi, Poinsett, Jackson, 
Woodruff, Cross, Crittenden, St. Francis, Lee, and 
Phillips counties. 

Second District: Drew, Bradley, Cleveland, Jeffer- 
son, Grant, Dallas, Hot Spring, Lincoln, Saline, 
Garland, Montgomery, Polk, Scott, and Sebastian 
counties. 
I Third District: Desha, Chicot, Ashley, Calhoun, 

Union, Ouachita, Columbia, Nevada, Clark, Pike, 
Hempstead, Lafayette, Miller, Little River, Sevier, 
and Howard counties. 

Fourth District: Pulaski, Perry, Conway, Pope, 
Yell, Logan, Johnson, and Franklin counties. 



CIVIL GOVERXMEXT OE ARKAXSAS. 



83 



Fifth District: Crawford, Washington, Benton, Car- 
roll, Madison, Newton, Boone, Searcy, Van Buren, 
and Faulkner counties. 

Sixth District: Marion, Baxter, Fulton, Izard, 
Stone, Independence, Cleburne, White, Lonoke, 
Prairie, Monroe, and Arkansas counties. 

It is thus seen that Arkansas has six representatives 
in the national House of Representatives. 

JUDICIAL CIRCUITS. 

First: White, Woodruff, St. Francis, Lee, and 
Phillips counties. 

Second: Greene, Craighead, Poinsett, Cross, Mis- 
sissippi, Crittenden, and Clay counties. 

Third: Jackson, Lawrence, Independence, and 
Stone counties. 

Fourth: Benton, Carroll, Madison, and Washington 
counties. 

Fifth: Yell, Conway, Pope, and Johnson counties. 

Sixth: Pulaski and Perry counties. 

Seventh: Garland, Hot Spring, Grant, and Saline 
counties. 

Eighth: Nevada, Clark, Hempstead, and Miller 
counties. 

Ninth: Little River, Sevier, Howard, Pike, Mont- 
gomery, and Polk counties. 

Tenth: Dallas, Cleveland, Bradley, Ashley, Drew, 
and Chicot counties. 

Eleventh: Desha, Lincoln, and Jefferson counties. 

Twelfth: Scott and Sebastian counties. 

Thirteenth: Calhoun, Columbia, Lafayette, Oua- 
chita, and Union counties. 



84 CIVIL GOVERNMENT OF ARKANSAS, 

Fourteenth: Van Buren, Cleburne, Newton, Boone, 
Searcy, Marion, and Baxter counties. 

Fifteenth: Logan, Franklin, and Crawford counties. 

Sixteenth: Randolph, Sharp, Fulton, and Izard 
counties. 

Seventeenth: Arkansas, Monroe, Faulkner, Lonoke, 
and Prairie counties. 

CHANCERY CIRCUITS. 

First: Pulaski, Lonoke, Faulkner, and White counties. 

Second : Drew, Arkansas, Ashley, Desha, Chicot, 
Jefferson, and Lincoln counties. 

Third: Garland, Hot Spring, Saline, and Mont- 
gomery counties. 

Fourth: (Known as Fifth), Mississippi, Crittenden, 
Cross, St. Francis, Woodruff, Poinsett, Lee, Greene, 
Phillips, Craighead, and Clay counties. 

SENATORIAL DISTRICTS. 

First District: Greene, Craighead and Clay counties. 

Second District: Randolph, Lawrence, and Sharp 
counties. 

Third District: Carroll, Boone, and Newton counties. 

Fourth District: Johnson and Pope counties. 

Fifth District: Washington county. 

Sixth District: Independence and Stone counties. 

Seventh District: Woodruff, St. Francis, Cross, and 
Crittenden counties. 

Eighth District: Yell and Logan counties. 

Ninth District: Saline, Grant, and Hot Spring 
counties. 

Tenth District: Pulaski and Perry counties. 
' Eleventh District: Jefferson county. 



CIVIL GOVERNMENT OF ARKANSAS. 85 

Twelfth District: Lonoke and Prairie counties. 

Thirteenth District: Arkansas and Monroe counties. 

Fourteenth District: Phillips and Lee counties. 

Fifteenth District: Desha and Chicot counties. 

Sixteenth District: Lincoln, Dallas, and Cleveland 
counties. 

Seventeenth District: Drew and Ashley counties. 

Eighteenth District: Bradley and Union counties. 

Ninteenth District: Calhoun and Ouachita counties. 

Twentieth District: Hempstead and Nevada counties. 

Twenty-first District: Columbia, Lafayette, and 
Miller counties. 

Twenty-second District: Little River, Sevier, How- 
ard, and Polk counties. 

Twenty-third District: Fulton, Izard, Baxter, and 
Marion counties. 

Twenty-fourth District: Benton and Madison 
counties. 

Twenty-fifth District: Crawford and Franklin 
counties. 

Twenty-sixth District: Van Buren, Conway, Searcy, 
and Cleburne counties. 

Twenty-seventh District: White and Faulkner 
counties. 

Twenty-eighth District: Sebastian and Scott 
counties. 

Twenty-ninth District: Poinsett, Jackson, and Mis- 
sissippi counties. 

Thirtieth District: Clark and Pike counties. 

Thirty-first District: Garland and Montgomery 
counties. 



86 CI VIL GO VERNMENT OF A RKA NSA S. 

UNITED STATES DISTRICT COURTS. 

Court held. 
/Western Division, Little 
I Rock; Texarkana Di\i- 

Eastern District of Arkansas. f'O"' Texarkana; E-ast- 

jern Division, Helena; 
/Northern Division, 
IBatesville. 

Western District of Arkansas, Court held at Fort 
Smith. 

Election of United States Senator. The United States 
senator is elected by the state legislature. On the 
second Tuesday after organization, at the session 
when a senator is to be elected, the two houses, sepa- 
rately, at twelve o'clock m. vote, vive voce for a sena- 
tor. On the following day at noon the two houses 
meet in joint session to announce the vote. If the 
same person receives the majority of each house, he is 
declared elected. Otherwise, the legislature proceeds 
to elect by joint ballot. The legislature must meet 
each succeeding day at noon and take at least one vote, 
until a senator is elected. There is an instance on 
record where the general assembly of a state failed 
to agree, and finally adjourned without electing any 
one. 

In case of vacancy in the senatorship during the 
recess of the legislature, it is the constitutional (Fed- 
eral) duty of the governor to make a temporary ap- 
pointment until the next meeting of the legislature. 



CIVIL GOVERNMENT OE ARKANSAS. 87 

CHAPTER VIII. 
LAND SURVEYS. 

Public Lands. The Department of the Interior of the 
national government has charge of the public lands. 
This department was not created until 1849, the work 
being previously performed by other departments. 
The public lands of the United States are laid outinto 
squares, the sides of which run east and west, and 
north and south. By *' public lands " as here used, 
are meant the lands that belonged to the general gov- 
ernment at the close of the Revolutionary war, and 
the territory since acquired from the Indians or from 
foreign powers. Prior to 1786 no uniform system of 
survey had been used. In that year, at the instance 
of Thomas Jefferson, the present system was adopted; 
it was devised by Thomas Hutchins, a geographer. 

Township. Each township is six miles square, con- 
taining *' as nearly as may be " thirty-six square miles. 
Each township is divided into thirty-six sections, each 
** as nearly as may be " one mile square. Each section 
contains 640 acres. How many acres in a quarter sec- 
tion? In a half section? In a one-eighth section? In 
a one-sixteenth section? 

Principal Meridian and Base Line, The first step in the 
survey is the establishment of a true meridian from 
some point. This is called the principal meridian. 
Then a true parallel is established. This serves as a 
base line. The principal meridian and the base line 
cross at right angles. Starting at the point of inter- 
section, the surveyors measure along the principal 
meridian, marking each half-mile point with a ** quarter 



88 



CIVIL GOVERNMENT OF ARKANSAS, 



Stake," and each mile point with a *' section corner; " 
and at each six-mile point a township is established. 
In the same way the half-mile, mile, and six-mile cor- 
ners are fixed along the base line from the point of 
intersection. 

In laying off the first township west of the principal 
meridian and south of the base line, the surveyor 



^"^'^•":'^:'''" n'^r"^r!'F?."^~rr2 




starts from the base line six miles from the principal 
meridian and measures due south six miles, establish- 
ing corners as before, then due east to the principal 
meridian. The townships in the other direction are 
laid out in a similar way. 

The map shows how land is surveyed with reference 
to a base line and a principal meridian. 



CIVIL GOVERiVMEJVT OF ARKANSAS. 



89 



Ranges. The ranges are numbered east and west 
from the principal meridian. A row of townships from 
north to south constitutes a range. There are ranges 
east, and ranges west. 

The townships are numbered north and south of the 
base line. 

To know the location of any particular tract of land, 
we must know its position with reference to its base 
line and its principal meridian, also in what range, 
township, and section it lies and in what part of such 
section, what part of that part, etc. 

For instance, the principal meridian in the map is 
the fifth, and the base line is the one passing just 
south of Little Rock. The city of Batesville would 
then be located as in township 13 north, range 6, west 
of the 5th principal meridian, or, T. 13 N., R. 6 W. 
of 5th P. M. 

Sections. The following diagram shows a township 
divided into sections. 



6 Miles 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



90 



CIVIL GOVERNMENT OF ARKANSAS, 



It is seen that the numbering begins at the northeast 
corner and ends at the southeast corner, also that 
section i6, the school section, lies near the center of 
the township. 



N.W.M 
N.W. J4 



-NrTl^^- 



S.W. J4 
N.W. 34 



N.E.J4 



S.E.M 



N.W. \i 

JS.E.M 
" N: 



-EtM- 



N.E. }/4 



KE.^ 
N.E.M 



S.E.^4 
N.E.J4 



N.W. }4 

S.W.14 



^Sr 

S.W. }4 
S.W. M 



-W 



N.E.J4 
S.W. M 



N.W.J4 
S.E.J4 



:>4 

S.E.^ 

S.W.^ 



^S-. 

S.W.M 
S.E.14 



N.E. J4 
S.E.J4 

E-T^ 



S.X34 
S.E.14 



Half Sections, etc. The above diagram shows the 
section divided into halves, quarters, etc. The law 
requires the divisions and subdivisions of public lands 
to take the form of a square. The legal division of 
the square is into halves, quarters, half quarters, and 
quarter quarters. 



PART II. 
NATIONAL GOVERNMENT. 

CHAPTER I. 
TERMS DEFINED. 

A State. A state is a body politic, or a society of 
men united under common laws, for the purpose of 
promoting mutual safety and advantage by combined 
strength. 

Sovereignty and Dependency. A state is either sover- 
eign or dependent, — sovereign when there resides 
within itself a supreme and absolute power, acknowl- 
edging no superior; dependent when its authority is 
limited to any degree by an acknowledged outside 
power. In contemplation of the law of nations^ all 
sovereign states are and must be equal in rights; in 
theory, sovereignty must be a unit. 

State Constitution. A constitution is a body of rules 
and maxims in accordance with which the powers of 
sovereignty are exercised. It designates who shall 
administer these sovereign powers and imposes certain 
efficient restraints for the purpose of protecting indi- 
vidual rights and privileges against any assumption 
of arbitrary power. 

[91] 



92 NATIONAL GOVERNMENT. 

CHAPTER II. 
HISTORICAL. 

First Continental Congress. The first Continental Con- 
gress, so called, assembled in Philadelphia, September 
5, 1774. Each of the thirteen colonies, which were 
afterwards to form the United States (excepting 
Georgia), was represented by one or more delegates. 
This body of delegates had no governmental power, 
nor did they assume to exercise any; they spoke in the 
name of *' the good people of the colonies." This 
Congress prepared a *' Declaration of Rights " wherein 
was set forth the simple proposition that the colonists, 
as loyal British subjects, were of right entitled to all 
the rights and privileges guaranteed to and enjoyed 
by Englishmen in England. The delegates then united 
in a solemn pledge that they would import no goods 
from England until the British government should 
recognize the rights of the colonists by repealing cer- 
tain obnoxious laws. 

At this time (1774), each of the thirteen colonies 
owed and acknowledged allegiance to the British 
crown, and all save two, Connecticut and Rhode 
Island, were ruled by governors appointed by the 
crown. In all affairs of local government, while in 
theory the crown and Parliament directed, the colonists 
were in fact left much to themselves, with only occa- 
sional interference from abroad. It was the nature of 
the interference, rather than its magnitude, that caused 
such bitter resentment on the part of the colonists. 

Colonial Governments. There were in efficient opera- 
tion in the various colonies three general types or 



NA TIONA L GO VERNMEN T, 



93 



modes of government. These were the pi-opi-ietary 
colonies^ as Pennsylvania and Maryland; the charter 
colonies^ as Connecticut, Rhode Island, and Massachu- 
setts; the royal colonies^ as Virginia, New York, and 
Georgia. There was not so much difference in the 
main features of government as one might expect; but 
in matters of detail and local administration there was 
great diversity. In each colony there was (i) an execu- 
tive, usually called the governor, more or less independ- 
ent of the legislature; (2) a judiciary, usually appointed 
by the governor, but dependent for compensation upon 
the legislature; (3) a legislature of one, or sometimes 
two, houses, elected by the people and having the 
power to legislate in almost all matters of local con- 
cern. Thus early, in fact from the very beginning, do 
we find each colony acquainted w4th a government, 
representative in part at least, and having in more or 
less successful operation, the three governmental 
functions, separated in practice as well as in theory. 

Second Congress. Before its adjournment, the first 
Continental Congress voted that if no redress of griev- 
ances should have been obtained, a second Congress 
should assemble in May, 1775. Parliament not only 
refused to conciliate the colonists, but increased its 
aggressions and tried ruthless coercion. Accordingly, 
in pursuance of the original plan, on May 5, 1775, ^^e 
second Continental Congress assembled at Philadel- 
phia and continued in session, with occasional brief 
adjournments, until May i, 1781. 

This body had no more power than its predecessor. 
It was not a Congress in our modern sense of the term; 
it was merely an assemblage of delegates or agents, 
each one instructed to support certain specific meas- 



94 NATIONAL GOVERNMENT, 

ures, and to oppose others. The delegates knew their 
legal powers and for a few days kept within the limits. 
But** facts rule and events ignore theory." When 
these delegates voted to raise an army of defense and 
appointed George Washington commander in chief, the 
assembly became a Congress in fact — a revolutionary 
Congress. 

National Congress. The colonists had disputed the 
right of the British to raise money in the colonies by 
national authority; had challenged the right of the 
crown to maintain troops in the colonies without their 
consent; had denied the right of Parliament to enforce 
restrictive regulations on trade. This Congress now 
exercised all these powers as unquestioned rights. The 
delegates, transcending the authority granted them, 
had inaugurated a national government, which was exer- 
cising sovereign power. This self-constituted national 
Congress continued to exercise the functions of gov- 
ernment and through its committees to prosecute the 
war until superseded in 1781 by the Congress under the 
Articles of Confederation. 

In June, 1776, Richard Henry Lee, of Virginia, intro- 
duced a resolution: ** That these united colonies are 
and of right ought to be free and independent states." 
After some hesitation and discussion, two committees 
were appointed, one to draft a Declaration of Inde- 
pendence, the other to draw up an instrument of gov- 
ernment, afterwards known as the '* Articles of Con- 
federation." The report of the first committee was 
adopted July 4, 1776. The second committee reported 
July 12, 1776, but this report was not adopted until 
November 15, of the next year (1777). In the debates 
on this report were raised the questions of representa- 



NATIONAL GOVERNMENT. 95 

tion, of apportionment of taxation, of the disposition 
of public lands, of the precise powers of the general 
government, and of the organization of a national 
judiciary. The representatives were jealously guard- 
ing the interest of their several states. 

Articles Adopted. The Articles of Confederation were 
not to become operative until adopted by each of the 
thirteen states. It had taken Congress a year and a 
half to frame these articles; the states now consumed 
three and one half years in ratifying them. At last, 
by May, 1779, all of the states save Maryland had 
adopted the Articles. Maryland demanded that the 
question of the western lands, which was evaded in the 
Articles should be settled by each state ceding to the 
general government all claims to western lands. The 
justice of the demand was recognized and Maryland 
gained her point. On March i, 1781, it was announced 
that Maryland had ratified the Articles of Confedera- 
tion and the thirteen colonies then became a composite 
state acting under a written constitution. 



CHAPTER III. 

GOVERNMENT UNDER THE ARTICLES OF 
CONFEDERATION. 

The Task. The task thrown upon the first Congress 
assembled to administer the government under the Arti- 
cles would have taxed to the uttermost the strongest 
constitution in existence. As a matter of fact the Arti- 
cles of Confederation embodied a very weak form of 
government — too weak to give promise of more than 
a temporary existence. 



96 NATIONAL GOVERNMENT, 

Principal Defects. Only the most striking defects in 
the charter of the young government will be enu- 
merated. The Articles provided for but one govern- 
mental department and this had few positive and well- 
delined powers; there was no independent executive 
or judiciary. The Congress which was to administer 
the affairs of government, was in no true sense a legis- 
lative body. Congress might make recommendations 
and issue requisitions, but could not pass a revenue 
law and enforce its execution. 

The Congress consisted of but one house, whose 
members were paid by the states they represented, 
and no person could remain a member for more than 
three consecutive years. The members represented 
the state, not the people. The members from each 
state cast jointly one vote; if but one member from 
a state was present that state lost its vote; if but two 
were present, they might be on opposite sides of a 
question. In order to adopt any important measure 
the approval of the members from nine states was 
necessary. 

Amendment to the Articles was impossible, except 
by the approval of all the states. Congress could make 
treaties; but could not force a citizen of a single state 
to respect them. Congress could declare war; but 
could not enforce the collection of a single dollar to 
defray the expense thereof, nor could it compel the 
enlistment of a single soldier. Congress could not 
control the currency of the country, nor could it pre- 
vent the various states from issuing great quantities 
of paper money, which soon depreciated in value, then 
became worthless. Congress could not control either 
foreign or domestic commerce. It could not protect 



NATIONAL GOVER.YMENT, 97 

any state from foreign aggression nor from the jeal- 
ousy of its sister states. Finally, there was no court 
which commanded the respect of the citizens of any 
state. 

It is useless to name other defects. '' Obedience," 
said Burke, " is what makes government, not the name 
by which it is called; " the Confederation had neither 
obedience at home nor credit or respect abroad. 

The wonder is not that the government under the 
Articles had so short and feeble an existence, but rather 
that it existed so long and that it accomplished so 
much of lasting good. It had strength enough to 
maintain the name United States upon the roll of 
nations. On the other hand, the government was so 
weak as to give the inhabitants of the several states a 
taste of misrule and anarchy, that convinced them 
of the need of a practical government, not one which 
was such in name only. In those gloomy days the 
American people were taught many bitter but whole- 
some lessons. They had feared the despotism of a 
strong government; they suffered the despotism of 
anarchy and misrule. They had justly resented the 
misuse of the taxing power by the British; they now 
saw the abject weakness of a government that could 
not collect a penny save by requisition. They saw a 
nation forced to beg for what it should have demanded 
as a right. For any nation that has the right to exist- 
ence has the right to the m^eans of existence. The 
means of national existence can be secured only through 
the exercise of the taxing power. Among the many 
lessons taught, the following two stand as the most 
important, important not only to our forefathers, but 
particularly to us: 

ARK. AND THE NAT. — 7 



98 NATIONAL GOVERNMENT, 

(i) In a government, the power of taxation is funda- 
mental, the one upon which all others depend. 

(2) The taxing power is the one to be most jealously 
guarded by a free people. History teaches that upon 
the proper use or misuse of this taxing power depends 
the happiness, the prosperity, and the freedom of 
every community, state, or nation. 



CHAPTER IV. 
FEDERAL CONSTITUTION. 

Historical. During the years 1781 to 1784 three 
attempts were made to amend the Articles of Con- 
federation so as to give to the general government a 
limited taxing power. Each of these attempts, how- 
ever, failed. The people then began to realize that a 
constitution should be a protection to the people, not 
a restraint upon their enterprises; that unless it proved 
a source of strength, it was useless for purposes of 
government. In 1786, delegates from a few states 
met in Annapolis to devise methods of settling disputes 
arising from the conflicting interests of interstate 
commerce. The delegates to this convention could do 
nothing to settle the immediate difficulty. They did, 
however, recommend that a convention of all the states 
be called to devise such further provisions as might 
appear to them necessary to render the constitution of 
the Federal government adequate. In response to this 
recommendation. Congress, on February i, 1787, re- 
solved that a convention be held ''for the sole a?td 
express ^ur^ose of revising the Articles of Confederation,''' 



A\4 TIOXA L GO I ^ERyMEN T, 



99 



Constitutional Convention. Acting upon this resolu- 
tion, delegates from each of the states, except New 
Hampshire and Rhode Island, assembled in Phila- 
delphia in May, 1787. In this assembly appeared some 
of the wisest and most experienced men of the land. 
Among the leaders may be named Madison, Randolph, 
Rutledge, Pinckney, Franklin, Livingston, and Hamil- 
ton. Washington was chosen president of the conven- 
tion. They had met only for the purpose of revising 
the Articles of Confederation; yet their first act,. after 
organization, was to resolve: " That a national gov- 
ernment ought to be established, consisting of a 
supreme legislative^ executive ^.v^A judiciary.''' From the 
outset the convention recognized that in this instance 
it would be '* easier to make than to mend." 

After four months of arduous labor the convention 
reported as the result of its deliberations the Federal 
Constitution. The Constitution was to be submitted 
to the people of the several states for their ratification 
or rejection. There was to be in each state a conven- 
tion, summoned specially to consider the Constitution; 
the state legislatures were not to have any voice what- 
ever in the matter. The Constitution itself provided 
that its ratification by the conventions of nine states 
should be deemed sufficient for its establishment 
among those states. 

Ratification. The ten months immediately succeed- 
ing the adjournment of the constitutional convention 
constituted one of the most critical periods of our 
national history. The Constitution was violently at- 
tacked in every part of the country. The old feeling 
of jealousy revived. Many declared that the new gov- 
ernment would absorb the powers of the individual 



loo NATIONAL GOVERNMENT, 

States. Some said that the President would be a 
despot; others that King George was better than 
King Cong. (King Congress.) Still others feared that 
the courts would become all powerful. The one seri- 
ous objection to the Constitution was that it contained 
no bill of rights guaranteeing personal and religious 
liberty. This defect, however, was soon remedied. 
Finally, the requisite number of states having ratified 
the Constitution, a general election was ordered and 
on April 30, 1789, the Federal Constitution became 
** the supreme law of the land.'* 



CHAPTER V. 
ANALYSIS OF THE CONSTITUTION. 

Preamble. *^ We, the people of the United States, in 
order to form a more perfect union, establish justice, 
insure domestic tranquillity, provide for the common 
defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United 
States of America." 

The above, which is both a preamble and the enact- 
ing clause, sets forth compactly, yet fully, the functions 
and purposes of government. Here are enumerated 
the six chief ends of civil gov ern??ie7it. How are these 
ends to be secured? 

Threefold Division. You will reccill that the first 
resolution adopted by the convention of 1787 declared: 
*' That a national government ought to be established 
consisting of a supreme legislative, executive, and 



NATIONAL GOVERNMENT. 



lOX 



judiciary. Why this threefold division? Is the 
division artificial and arbitrary, or is it natural and 
necessary? A clear understanding of these questions 
is essential before we can profitably proceed to study 
the Constitution in detail. 

Experience has taught that whenever one man or 
one body of men has been intrusted with the power 
to make laws, to hear and determine complaints of 
their violation, to attend to their execution and en- 
forcement, the laws have been harsh, ill-timed, and 
arbitrary, and their interpretation and execution have 
been ofttimes dictated by passion and caprice. Thus 
we see that human fallibility renders necessary this 
threefold division of governmental powers. 

Powers Defined. The legislative power makes the 
laws, which are rules of action for the persons sub- 
jected to them. The legislative power looks forward; 
it acts for the future. The executive must enforce 
the law now; it acts in the present. The judicial 
power applies and construes the law when controversies 
arise concerning what has been done or what has been 
omitted. '' This power is retrospective; it can only 
look back; it deals with acts done or threatened, 
promises made or injustices suffered." — Marshall. 
Thus we see that the reasons for this threefold separa- 
tion of the powers and function of government arise 
from the nature of government on the one hand and 
the nature of man on the other. 



LEGISLATIVE DEPARTMENT. 

Congress. The law-making power is vested in a 
Congress which consists of two houses, — the Senate 
and the House of Representatives. This adjustment 



lo^ NATIONAL GOVERNMENT, 

gave the framers of the Constitution much trouble. 
Many members desired that 'the states should be given 
an equal representation in a legislative body which 
should consist of but a single house. Others thought 
that there should be a single body, but that it should 
represent the people proportionally, irrespective of 
the states. Still others desired a two-chamber or bi- 
ennial assembly. The present Congress is a compro- 
mise in which the Senate represents the states and the 
House represents the people. 

THE HOUSE OF REPRESENTATIVES. 

Members. The House of Representatives, called 
also the Lower House, or simply the House, is com- 
posed of members elected by the people of the several 
states. The members, are voted for directly by the 
people, and are elected for two years. 

Voters for Representatives. Any person legally quali- 
fied according to the laws of his own state to vote 
for members of the most numerous branch of his state 
legislature may vote for a representative in Congress. 
This provison implies first, that each state is to have 
more than one legislative branch; second, that each 
state shall prescribe the qualifications of voters. 

Eligibility of Members. Representatives must be at 
least twenty-five years of age. No person can be a 
representative who has not been for seven years a citi- 
zen of the United States and who is not, when elected, 
an inhabitant of the state from which he is chosen. 
Neither can a representative hold any other office of 
profit or trust under the United States. A representa- 
tive need not be a citizen of the district which elects 
him; custom, however, has made it necessary for a man 



NATIOyAL GOVERXMENT. 



103 



to be an inhabitant of the district he is to represent. 
In our entire history this custom has been broken 
but once. Our people beheve that a resident repre- 
sentative will be more careful of the interests of his 
constituents than will a man from a distant part of the 
state. 

Number of Representatives. The first House, which 
met in 1789, contained only sixty-five members, the 
idea being that there should be one member for every 
sixty thousand persons. As population increased and 
new states were added, the number of members in- 
creased. Later, in order to prevent a too rapid 
increase in membership, the ratio of representation 
was changed. At present there is one representative 
for each 180,000 inhabitants. The present Congress 
(the fifty-fourth) consists of 357 representatives, and 
delegates from each of the territories. Each terri- 
torial delegate has a seat in the House and may speak 
on any measure relating to his territory, but has no vote. 

Apportionment of Members. Every ten years after the 
taking of the census. Congress determines how many 
members the House of Representatives shall contain 
for the ensuing ten years. (This number may be 
modified only by the admission of new states.) The total 
representation in Congress having been determined, 
the representation of each state must next be ascer- 
tained. The number representing the total population 
of the states (not including territories) is divided by 
the number of representatives, and the quotient shows 
the number of people entitled to one representative. 
This number is called the Congressional ratio, and is 
maintained for ten years. Next, the number repre- 
senting the population of each state is divided by the 



I04 NATIONAL GOVERNMENT. 

Congressional ratio; the quotient gives the number of 
representatives to which the state is entitled. 

The above rule is subject to two exceptions: First, 
no state, however small its population, can be denied 
at least one representative; thus, Nevada with but 
40,000 inhabitants has equal representation with North 
Dakota, which has 182,000 inhabitants. Second, it 
is readily seen that in these divisions there will occur 
remainders and that the sum of the integral quotients 
will not equal the total representation intended. This 
is remedied by giving to the states having the largest 
unrepresented remainders one additional representative 
each, until the required number is secured. 

Congressional Districts. It is provided by law that 
representatives shall be chosen in single districts. 
These districts are determined by the state legisla- 
tures. The district should consist of contiguous and 
compact territory, and should contain approximately 
equal populations. When the state legislature fails to 
redistrict a state after it has received an increase of 
representation, the additional member is elected on a 
general ticket and is called a representative at large. 
It is further provided by general law that all elections 
for representatives shall take place on the Tuesday 
next succeeding the first Monday of November of the 
even-numbered years and that all votes shall be on a 
written or printed ballot. 

To how many representatives is your state entitled? 
In what Congressional district do you live? What 
counties are included in it? Who represents your dis- 
trict? When was he elected? 

Vacancies. Should a vacancy occur in the representa- 
tion of any state, either by death or by resignation, the 



NATIONAL GOVERNMENT, 105 

governor must call a special election to fill such 
vacancy. 

Officers. The House of Representatives elects its 
own presiding officer, called the speaker, and its other 
officers. Next to the President, the speaker has the 
most real political power, and this office is regarded as 
one of great honor. The speaker selects and appoints 
all committees* and upon these committees the work of 
legislation devolves. He has practical control of the 
order of business, and, being a member of the House, 
he has a vote on all questions. Among the other offi- 
cers are the clerk, the sergeant-at-arms, who is also 
treasurer, the doorkeeper, the postmaster, and the 
chaplain. It is the duty of the clerk to call the new 
House to order and to preside until a speaker is elected. 
The duties of the other officers may be inferred from 
their titles. 

Special Powers of the House. The House of Repre- 
sentatives has the sole power of impeachment, thus 
being in a sense the public prosecutor. When charges 
of treason, bribery, or other high crimes are brought 
against any officer of the United States, a committee 
from the House is appointed to investigate the charges. 
If, upon investigation, the committee favors impeach- 
ment the charges are reduced to writing, and dis- 
cussed and voted upon separately. If, by a majority 
vote the House decides upon impeachment, the charges 
are sent to the Senate and a committee is appointed 
to prosecute the impeachment before the Senate, which 
acts as a judicial body to hear and pass upon it. (For 
further treatment see Special Powers of the Senate.) 

Revenue Bills. All bills for raising revenue must 
originate with the House of Representatives. The 



io6 NATIONAL GOVERNMENT, 

Senate, however, may propose or concur with amend- 
ments as in other ases. This is a direct application 
of the English principle that all money bills shall origi- 
nate with the House of Commons, that is, the direct 
representatives of the people. The denial of this right 
to England's American subjects caused the Revo- 
lutionary war and cost England the thirteen American 
colonies. The House of Representatives, with us, like 
the House of Commons in England, is the direct rep- 
resentative body; therefore it should originate all 
money bills. 

THE SENATE. 

Number of Members. The Senate of the United States 
is composed of two senators from each state, chosen 
by the legislature thereof, for six years, and each 
senator has one vote. 

How many members were there in the first Senate? 
How many are there in the present Senate? Who are 
the senators from this state? When were they elected? 

Election. The choice of time, place, and manner of 
electing senators is left to the several state legisla- 
tures; but Congress may at any time alter such regula- 
tions, except as to place. Were not this last exception 
made. Congress might, in a measure, prevent elections 
by prescribing inconvenient places for holding them. 

Congress has by the Act of 1866, in general terms, 
prescribed the time and manner of electing senators. 
This act provides that the state legislature, chosen at 
the election next preceding the expiration of the time 
for which any senator shall have been elected, shall on 
the second Tuesday after its organization proceed to 
elect the senator. On this day each house of the state 



NATIONAL GOVERNMENT. 107 

legislature shall name a person or persons by viva voce 
vote; on the next day at noon the two houses meet in 
joint assemblage and if the same person has received 
the majority of all the votes in each house, he is de- 
clared elected. In case no person has such majority, 
the joint assembly proceeds to choose by viva voce 
vote, and whoever receives a majority is elected, pro- 
vided in every instance that a majority of each house 
voted. If no person is elected on the first day, the 
joint assembly convenes each day at twelve o'clock m. 
and takes at least one ballot for senator. This pro- 
ceeding must be continued until a senator is elected 
or until the session closes. 

In case the state legislature fails to elect a senator 
as above provided, the state for the time being, loses 
its representation in the Senate, the United States 
Senate having decided that the governor cannot ap- 
point a man to fill a vacancy thus caused. 

If a vacancy exists when the state legislature meets 
it must be filled in the manner just described. If a 
vacancy occurs while the legislature is in session the 
election takes place in the same manner, on the second 
Tuesday after notice of the vacancy is received. 

Qualifications. No person can be a senator who has 
not attained to the age of thirty years and been nine 
years a citizen of the United States, and who is not, 
when elected, an inhabitant of the state for which he 
is chosen. No person holding any office of profit or 
trust under the United States can be a senator during 
his continuance in such office. 

Oflicers and Organizations. Unlike the House of Rep- 
resentatives, the Senate does not choose its presid- 
ing officer. The vice president of the United States is 



io8 NATIONAL GOVERNMENT. 

ex officio president of the Senate; but not being a 
member of that body he has no vote except in case 
of a tie; neither may he take part in the discussions. 
The Senate chooses its other officers, which are a 
president pro tempore^ a secretary, a chief clerk, a 
sergeant-at-arms, a doorkeeper, a chaplain, a chair- 
man of each committee, and the members of the com- 
mittees. 

President Pro Tempore. The senators choose from 
their own number one v/hose duty it is to preside during 
the absence of the vice president of the United States. 
If the office of vice president, from any cause, falls 
vacant, the president pro tempore of the Senate be- 
comes acting vice president of the United States, and 
receives the vice president's salary. 

Special Powers of the Senate The functions of the 
Senate are threefold, — legislative, executive, and 
judicial. Its legislative functions are in most in- 
stances coincident with those of the House of Repre- 
sentatives and will be described with them. Its 
executive functions are: (i) to ratify or reject the 
president's nominations of Federal officers, including 
judges. Federal and territorial, district attorneys, 
revenue officers, foreign ministers, ambassadors, and 
consuls; (2) to approve by a two-thirds vote of the 
members present, all treaties made by the President 
and secretary of state. Should any treaty fail to re- 
ceive the sanction of two thirds of the members pres- 
ent, it would not be ratified. 

Judicial Power of the Senate. The Senate has the sole 
power to try all cases of impeachment. It sits as a 
court to hear and decide upon the testimony. The 
vice president presides except in the event of trial of 



NA TIOXAL GO VERXMENT, 



109 



the President of the United States, in which case the 
chief justice presides. Why this precaution? 

A two-thirds vote is necessary to convict in case of 
impeachment. Judgment in case of conviction can 
extend only to removal from office and disqualification 
to hold any office of profit or trust under the United 
States; but a person so convicted may be tried and 
punished also according to the laws of the land. There 
have been few cases of impeachment under the Con- 
stitution. The most notable case was that of President 
Andrew Johnson in 1868, which failed of conviction, 
lacking one vote of securing the necessary two thirds. 

CONGRESS. 

Meetings. Congress meets each year on the first 
Monday of December. You will remember that repre- 
sentatives are elected on the first Tuesday after the 
first Monday in November of the even-numbered years. 
A member so elected does not ordinarily take his seat 
in Congress until thirteen months have elapsed. A 
new member's pay, however, begins on the fourth of 
March, next succeeding his election. Congress may, 
by law, change the date of meeting, but must meet at 
least once each year. Since each Congress (the united 
body of senators and representatives chosen for any 
two years) is in power for two years, it follows that 
each Congress holds two regular sessions, which are 
termed the long and the short sessions. 

Extraordinary Session. The President may, at his 
discretion, call Congress or either house to convene 
and sit in extra session. 

Membership. Each house is the judge of the election 
returns and qualifications of its own members. This 



no NATIONAL GOVERNMENT. 

provision is not satisfactory in its working,since it offers 
temptation to the majority to abuse its power. Each 
house has a committee on elections to whom all cases 
of disputed returns are referred. This committee in- 
vestigates the several cases and reports to its house. 
The report of the committee is usually accepted and it 
often happens that the dominant party declares in 
favor of its own partisans, without regard to law and 
justice. 

Quorum. A majority of the members elected to either 
house constitutes a quorum to do business. A smaller 
number may adjourn from day to day, and may compel 
the attendance of absent members. 

What is a quorum? What number constitutes a 
quorum in the Senate? What number constitutes a 
quorum in the House? What is the smallest number 
that may pass a measure in either house? 

Rules. Each house determines the rules of its pro- 
ceedings, has the power to punish members for dis- 
orderly conduct, to excuse members from attendance, 
to compel attendance, and by a concurrence of two 
thirds may expel a member. Each new^ Congress either 
adopts the rules of some previous Congress or appoints 
a committee to draft and report a set of rules. 

Journals. Each house must keep a record of its pro- 
ceedings. These records are published from time to 
time, except such parts as in the judgment of the re- 
spective houses require secrecy. The proceedings of 
the Senate when in ** executive session " are usually 
kept secret. 

Yeas and Nays. In either house when any bill, mo- 
tion, or resolution is to be voted upon, it is customary 
for the members to rise in their seats and be counted 



NA TIONAL GO VERNMENT. 



Ill 



by the speaker or, more often, by tellers appointed for 
that purpose. When called for by one fifth of the 
members present or when the speaker is in doubt as to 
the vote, the yeas and nays of the members are taken. 
The clerk calls the names from an alphabetic list of 
the members. Each member present answers *'aye'* 
or *^no." Then the roll is called a second time, to allow 
any members to vote who did not vote on the first 
call and to give any member opportunity to change 
his vote, should he see fit. The journal thus shows 
how each member voted on the measure under con- 
sideration. On all important measures the yeas and 
nays are invariably called for. Why is it expedient 
to know how each member voted on a particular 
question? 

Adjournments, Neither house may without consent 
of the other adjourn for more than three days, nor to 
any other place than that at which the two houses are 
then sitting. In case of disagreement between the two 
houses as to the time of adjournment, the President 
may adjourn them to such time as he may think proper. 

Compensation of Members. The senators and repre- 
sentatives receive a compensation for their services, 
ascertained by law and paid out of the treasury of the 
United States. The law now provides that senators 
and representatives shall receive $S,ooo per annum. 
The speaker of the house and the president pro tem- 
pore of the Senate receive each $8,000 per annum. In 
addition to the salary an allowance is made to each 
member for mileage and stationery. 

Privileges of Members. No member can be questioned 
in any other place for any speech or debate made in 
either house. Members of Congress are free from 



112 NATIONAL GOVERNMENT, 

arrest during their attendance at the sessions of their 
respective houses, and in going to and returning from 
them, except for treason, felony, and breach of the 
peace. 

Disabilities. No senator or representative can dur- 
ing the time for which he was elected be appointed to 
any civil office of the United States which may be 
created or the salary of which may have been increased 
during such time. 

Oath of Members. Senators and representatives, to- 
gether with all other officers of the United States, are, 
when entering upon the duties of their respective 
offices, required to take an oath or affirmation to sup- 
port the Constitution of the United States. No reli- 
gious test is required of any one as a qualification to 
any office or public trust. 

Powers of Congress. Congress has such powers only 
as are granted to it by the Constitution. These powers 
are either expressed in the words of the Constitution 
or are necessarily implied therein. Whether or not 
Congress has the right to act in any particular instance 
is a question for the supreme courts to decide. 

Section 8, of Article I., enumerates seventeen express 
powers granted Congress by the Constitution. These 
should be learned by the student, who must, however, 
bear in mind the fact that these grants do not imply 
that Congress must exercise those powers. 

Taxes and Duties. Congress has power to levy and 
collect taxes, duties, imports, and excises, to pay the 
debts and provide for the common defense and general 
welfare of the United States; but all duties^ imports^ 
and excises 7nust he U7iifor7?i throughout the United States, 
Taxes are of two kiads, — direct and indirect. 



iA'^ 7'IOXJ L GO VERNMENT, 1 13 

Of direct taxes the Constitution provides that no 
capitation or other direct tax shall be laid unless in pro- 
portion to the census or enumeration directed to be 
taken. Direct taxes are of two kinds, — capitation 
(head or poll tax) and property taxes. Capitation 
taxes are levied upon persons at a specified sum 
for each, without regard to property or occupation. 
Property taxes are levied upon property according to 
assessed valuation. Both are paid directly to the tax 
collectors. 

Indirect taxes are levied upon goods in such a way 
that they are in the end paid by the consumer as a part 
of the price. As levied in the United States, indirect 
taxes are of two kinds: customs duties laid on certain 
goods imported from foreign countries, and internal 
revenue duties, laid upon the manufacture of distilled 
and malt liquors, tobacco, oleomargarine, etc. 

Since the beginning of our government the questions 
arising out of the manner and method of levying and 
collecting customs duties have been of the utmost 
political importance. They have given rise to the end- 
less discussions concerning '* protection of home in- 
dustries," '' tariff for revenue only," and '' free trade." 
Taxes may be collected to pay the public debt, to pro- 
vide for the common defense, and to promote the gen- 
eral welfare. What does this mean? May Congress 
lawfully appropriate money to purchase Cuba? To 
build the Nicaragua canal? To build and maintain a 
lighthouse? To establish a national university? 

Borrowing Money, Congress may borrow money upon 
the credit of the United States. This power is exer- 
cised in two ways, — either as a ** forced loan" when 
paper money is issued in payment of obligations, as in 

ARK. AND THE NAT. — 8 



114 NATIONAL GOVERNMENT. 

the issue of the notes known as greenbacks; or by the 
sale of interest-bearing government bonds, payable 
at a certain designated time. 

Commerce. Congress has power to regulate com- 
merce with foreign nations, among the several states, 
and with the Indian tribes. Under the Articles of Con- 
federation, the general government had no control 
over commerce, either foreign or domestic. This con- 
trol lay in the legislatures of the several states. Each 
sought to encourage home trade at the expense of the 
neighboring states. Congress regulates foreign com- 
merce by providing the rules under which ships may 
enter and clear our ports. Congress has exercised its 
power to regulate commerce among the states by the 
enactment of a series of laws known as the '' Interstate 
Commerce Laws." These laws apply to all railroads 
doing business between states, and to navigation and 
telegraph companies engaged in interstate traffic. 

Naturalization. Congress is empowered to establish 
a uniform rule of naturalization. Naturalization is the 
act whereby the rights, privileges, and immunities of 
citizenship are conferred upon a person born an alien. 
A citizen in the full sense of that term is a member of 
the civil state, entitled to all its privileges. In order 
to become a citizen of the United States an alien must, 
at least two years before his admission to citizenship, 
make a declaration, on oath, that it is his purpose to 
become a citizen of the United States, and to renounce 
all allegiance to any foreign power, prince, or potentate. 
After having resided in the United States five years 
the alien may make application, to some designated 
court of record, for his certificate of naturalization. 
He then by oath or affirmation renounces allegiance 



NATIOXAL GOVERNMENT. 115 

to all foreign powers and agrees to support the Con- 
stitution of the United States. 

The Chinese and Japanese are not granted the privi- 
lege of naturalization. Children of American citizens, 
although born abroad, are considered citizens of the 
United States. 

The words " citizen " and " voter " as used in this 
country are not synonymous. Women and children 
are citizens, but not ordinarily voters. In some states 
aliens become voters after two years' residence. They 
may in those states vote for congressmen and presi- 
dential electors before they are citizens. 

Naturalization, it must be borne in mind, is a privilege 
granted, not a right that may be demanded; therefore, 
as a privilege, it may be withheld for proper reasons. 

Bankruptcy. Congress may establish a uniform law 
on the subject of bankruptcy throughout the United 
States. When, as at present, there is no general bank- 
ruptcy law, the several states are at liberty to pass 
laws on the subject. Should Congress, at any time, 
see fit to exercise its power and enact a general law 
on the subject, any state laws in conflict with it 
would have to be abolished. 

Currency. Congress has power to coin money, and 
to regulate the value thereof and of foreign coin. This 
power is made exclusive by the subsequent clause 
which provides that no state shall coin money or make 
anything but gold and silver legal tender in pa3^ment 
of debts. 

To coin money is to stamp pieces of metal for use 
as a medium of exchange in commerce, according to 
fixed standards of value. What are our coins? Give 
the value of each. Where are they made? 



Il6 NATIONAL GOVERNMENT, 

Weights and Measures. Congress has power to fix 
the standards of weights and measures. 

Counterfeiting. Congress has power to provide for 
the punishment of persons found guilty of counterfeit- 
ing securities, notes, and current coins of the United 
States. The penalties, which in most instances are 
severe, are fixed by special statutes. 

Post Offices and Post Roads. Congress has power to 
establish and maintain post offices and post roads. 
This has proved to be one of the most beneficent and 
far-reaching powers granted by the Constitution. 
Through its workings the general government has 
come to have an indirect control over the entire rail- 
way and steamboat passenger service of the Union. 

Before the Revolutionary war the British govern- 
ment had organized a postal system, with Benjamin 
Franklin as postmaster general. The postal system, 
as now organized, is under the direction of a cabinet 
officer and will be further described under the execu- 
tive department. 

Copyrights and Patents. Congress may seek to pro- 
mote the progress of science and useful arts, by secur- 
ing for limited times to authors and inventors the 
exclusive rights to their respective writings and dis- 
coveries. The exclusive rights of authors are secured 
by copyrights, issued by the librarian of Congress. A 
copyright protects an author for twenty-eight years, 
and is subject to renewal for another term of fourteen 
years. The exclusive rights of inventors are guaran- 
teed by patents, issued by the commissioner of patents. 
A patent right is a protection for seventeen years. 

Piracy, Congress has power to define and punish 
piracies and felonies committed on the high seas. 



XATIONAL GOVERNMENT, 117 

and offenses against the law of nations. Piracy is 
understood, in the law of nations, to be robbery or 
forcible depredation on the high seas. By high seas 
are meant all tide waters beyond low-water mark. 
(This definition is subject to many exceptions.) By 
the law of nations is meant that body of rules, founded 
upon reason and justice, which is recognized as gov- 
erning the conduct and mutual relations of independent 
sovereign states. 

War. Congress has power to declare war, grant let- 
ters of marque and reprisal, and make rules concern- 
ing captures on land and water. 

War is defined as that state in which a nation seeks 
to prosecute its rights by force. Letters of marque 
and reprisal are commissions or licenses granted to 
a private citizen, authorizing him to seize the persons 
or property of the enemy. When this commission is 
granted to the commander of a vessel, that vessel 
becomes a privateer, with license to prey upon the 
enemy's commerce, — an act that would under other 
circumstances be considered as piracy. 

Army. Congress has power to raise, equip, and sup- 
port an army; but no appropriation of money for this 
purpose can be for a time longer than two years. This 
restriction renders it impossible for the President 
to keep a standing army when in the opinion of 
Congress it is not needed. The British House of 
Commons has a like control over the army, and 
has by this means often been able to restrain an over- 
ambitious king. 

Navy. Congress has power to provide and maintain 
a navy. A navy is needed by a commercial nation, 
in peace as well as in war, to guard its shipping inter- 



Ii8 NATIONAL GOVERNMENT, 

ests, to enforce the revenue laws, and to police the 
high seas. 

Rules for Army and Navy. Congress has power to 
make rules for the government and regulation of 
the land and naval forces. This power follows of 
necessity from the two preceding clauses, but no rule 
can be made that would deprive the President of his 
constitutional authority as commander in chief of the 
army and navy. 

•Militia. Congress may call forth the militia to exe- 
cute the laws of the Union, to suppress insurrections, 
and repel invasions. The militia, or citizen soldiery, 
consists of those persons who, under the law, are liable 
to perform military duty, and who are enrolled and 
officered so as to be ready for service when called upon. 
They remain state troops until actually called into the 
service of the Union. 

Organization and Discipline of Militia. Congress may 
provide also for organizing, arming, and discipUning 
the militia, and for governing such part of them as 
may be employed in the service of the United States, 
reserving to the states, respectively, the appointment 
of the officers and the authority of training the militia 
according to the discipline prescribed by Congress. 
When in the actual service of the United States, the 
militia of the several states is under the command of 
the President or of such officer as he may designate. 

Ceded Districts. By the terms of the Constitution 
Congress was empowered '* to exercise exclusive legis- 
lation in all cases whatsoever over such district, not 
exceeding ten miles square, as may by cession of par- 
ticular states, and the acceptance of Congress become 
the seat of the government of the United States, and 



NATIONAL GOVERNMENT. T19 

to exercise like authority over all places purchased, 
by the consent of the legislature of the states in 
which the same shall be, for the erection of forts, 
arsenals, magazines, dockyards, and other needful 
buildings." 

District of Columbia. The framers of the Constitu- 
tion feared that the state in which the capital of the 
United States should be located would in time come 
to have too great an influence in the governmental 
affairs. To obviate this danger, the plan of the Fed- 
eral district was adopted. The plan originally pro- 
vided for a district not to exceed ten miles square. 
The legislatures of Virginia and Maryland ceded such 
a district to the general government. The portion 
ceded by Virginia was subsequently returned to that 
state. The remaining portion of the ceded territory, 
on the Maryland side of the Potomac river is known 
as the District of Columbia. It is governed by three 
commissioners, appointed by the President, who receive 
their authority from, and govern in accordance with, 
laws provided by Congress. 

Implied Powers, ** Elastic Clause/* Congress is further 
empowered '' to make all laws which shall be necessary il 

and proper for carrying into execution the foregoing 
powers and all other powers vested by this Constitu- 
tion in the government of the United States or in any 
department or officer thereof." The interpretation 
of this clause has been the occasion of many long and 
bitter legal and political controversies. 

Restrictions on the Powers of Congress. The powers of 
Congress are placed under the following general re- 
strictions: 

(i) Congress must not exercise the powers, or any 



I 



I20 



jVa tioxal go vernment. 



portions thereof, granted by the Constitution to the 
executive or judiciary. 

(2) Congress must not encroach upon the powers 
which by the Constitution are left in or assigned to 
the several states. 

The writ of habeas corpus must not be suspended 
except when in case of rebellion or invasion the public 
safety demands it. The right to sue out a writ of 
habeas corpus is one of the most valuable guarantees of 
personal liberty. It has for its purpose the prevention 
of false, malicious, or unjust imprisonment. By it the 
accusers of a prisoner may be forced immediately to 
show cause for the imprisonment. 

Neither Congress nor any state legislature may pass 
any bill of attainder or ex post facto law. A bill of at- 
tainder is a legislative enactment whereby a person or 
persons are convicted of criminal misconduct without 
being heard in their own defense. An ex post facto 
law is one that makes an act a crime ^ which was not 
one when committed, or which inflicts a punishment 
greater than the one imposed when the crime was com- 
mitted. The phrase ex post facto is popularly applied 
to any law, civil or criminal, enacted with a retrospec- 
tive effect; but the prohibition upon Congress applies to 
crimes only; Congress may pass a retroactiv^e civil law. 

Export Duties. No tax or duty must be laid on 
articles exported from any state. The spirit of equita- 
ble taxation demands this, as any such duty would of 
necessity bear more heavily on some states than on 
others, and would discriminate against certain in- 
dustries. 



I. A crime is any violation of human law, either in the omission of what is 
commanded or in the commission of an act which is forbidden. 



NATIONAL GOVERNMENT. 121 

Commercial Preference. No preference may be given, 
by any regulation of commerce or revenue, to the ports 
of one state over those of another; nor can vessels, 
bound to or from one state, be obliged to enter, clear, 
or pay duties in another. This inhibition is upon the 
legislatures of the several states as well as upon Con- 
gress. And although only the Atlantic coasting trade 
was contemplated at the time when the Constitution 
was written, the provisions apply to railroad, canal, 
and river commerce. This is an additional guaranty 
of absolutely free trade between the states. 

Expenditures. No money can be drawn from the 
treasury but in consequence of appropriations made by 
law and a regular statement and account of the receipts 
and expenditures of all public money must be published 
from time to time. This simply means that the money 
paid by the people in taxes, shall be expended only as 
the people by their representatives may direct. 

EXECUTIVE DEPAR TMENT. 

Where Vested, The executive power is vested in a 
President of the United States who is elected for four 
years. 

Eligibility. The President must be a native-born 
citizen of the United States and at least thirty-five 
years of age. 

How Chosen. Only the presidential electors vote for 
the President; the qualified voters of the several states 
vote for the electors, not for the President. 

Time of Voting, The electors are voted for on the 
first Tuesday after the first Monday in November of 
those years which are exactly divisible by four. 



122 NATIONAL GOVERNMENT. 

Electors. Each state is entitled to as many electors 
as it has senators and representatives in Congress. The 
electors in the several states are nominated by their re- 
spective political parties, but no United States officer 
may be an elector. The electors are chosen in such 
manner as the state legislature directs. The uniform 
custom now is to vote for all electors by general ticket, 
each voter casting his ballot for as many electors as his 
state is entitled to. Other systems have been em- 
ployed at various times. Until recently the legislature 
of South Carolina named the electors, and in 1892 
electors were chosen in Michigan by the single district 
plan. 

The twelfth amendment provides for the subsequent 
action of the electors as follows: ** The electors shall 
meet in their respective states, and vote by ballot for 
President and vice president, one of whom, at least, 
shall not be an inhabitant of the same state with them- 
selves; they shall name in their ballots the person voted 
for as President, and in distinct ballots the person 
voted for as vice president; and they shall make dis- 
tinct lists of all persons voted for as President and of 
all persons voted for as vice president, and of the 
number of votes for each, which list they shall sign 
and certify, and transmit sealed to the seat of govern- 
ment of the United States, directed to the president 
of the Senate. 

*'The president of the Senate shall, in the presence 
of the Senate and House of Representatives, open 
all certificates and the votes shall then be. counted; 
the person having the greatest number of votes for 
President shall be the President, if such number be a 
majority of the whole number of electors appointed; 



NATIONAL GOVERNMENT, 123 

and if no person have such a majority, then from 
the persons having the highest numbers, not exceed- 
ing three, on the hst of those voted for as President, 
the House of Representatives shall choose immedi- 
ately by ballot the President. But in choosing the 
President, the vote shall be taken by states, the repre- 
sentatives from each state having one vote; a quorum 
for this purpose shall consist of a member or members 
from two thirds of the states, and a majority of all the 
states shall be necessary to a choice, and if the House 
of Representatives shall not choose a President, when- 
ever the right of choice shall devolve upon them, 
before the fourth of March next following, then the 
vice president shall act as President, as in the case of 
death or other constitutional disability of the President. 

The person having the greatest number of votes as 
vice president shall be vice president, if such number 
be a majority of the whole number of electors ap- 
pointed; and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall 
choose the vice president; a quorum for the purpose 
shall consist of two thirds of the whole number of 
senators, and a majority of the whole number shall be 
necessary to a choice. No person constitutionally 
ineligible to the office of President shall be eligible to 
that of vice president. 

Contested Elections, In 1800 and again in 1824 the 
electors failed to choose a President; in the latter 
instance the election devolved upon the House of 
Representatives. In 1876 a new question presented 
itself. From four of the states two sets of electoral 
certificates were issued, each of which claimed to 
represent the true returns. The Constitution had 



124 NATIONAL GOVERNMENT, 

made no provision for disposing of such returns. 
After much delay and debate it was at last agreed to 
leave the matter to an electoral commission, composed 
of five representatives, five senators, and five justices 
of the supreme court. This was at best a compromise 
makeshift which was as dangerous as it was unsatis- 
factory. 

Electoral Count Bill. This difficulty induced Con- 
gress, in 1887, to pass what is known as the " Electoral 
Count Bill,'* the main features of w^hich may be sum- 
marized as follows: Each state shall determine what 
votes are legal. In case no such determination is made 
the two houses may decide, in case of double returns, 
w^hich are legal. If, however, the houses fail to agree 
the vote of the state is lost. This plan secures cer- 
tainty of decision. 

Presidential Succession, Prior to 1886, in case of the 
death or incapacity of both the President and vice 
president the president /r^? teinpore of the Senate, and 
after him the speaker of the house was to succeed; 
but this plan was considered unsafe, as it often hap- 
pened that both the last-named offices were vacant. 
The Presidential Succession Bill of 1886 provided that 
upon the death or disability of both President and 
vice president the office should devolve upon the 
cabinet officers in the order of the organization of their 
respective departments, the succession being as fol- 
lows: (i) secretary of state, (2) secretary of treasury, 
(3) secretary of w^ar, (4) attorney-general, (5) post- 
master general, (6) secretary of the navy, (7) secretary 
of the interior, and (8) secretary of agriculture. 

Powers and Duties of the President- The President is 
the commander in chief of the army and navy of the 



NATIONAL GOVERNMENT 125 

United States, and of the militia of the several states 
when they are called into the actual service of the 
United States. 

Reprieves and Pardons The President may grant 
reprieves, commutations, and pardons to offenders 
against the laws of the United States except in cases 
of impeachment. 

A reprieve is a temporary suspension of the execu- 
tion of a penalty. A commutation is a change from 
one punishment to another less severe, as from death 
to imprisonment for life. A pardon is a complete re- 
moval of penalty and a restoration to citizenship. 

Treaties. The President has the power, by and with 
the advice and consent of two thirds of the Senate, to 
make treaties. 

A treaty is an agreement between two nations which 
may become inoperative by the formal action of either 
party to the treaty. 

When a treaty is to be made the President acts 
through the secretary of state or an ambassador ap- 
pointed for that specific purpose. The officer repre- 
senting the President agrees with the representatives 
of the other nation upon the terms of the treaty. 
When the representatives or agents have agreed upon 
the terms of a treaty, they sign it; then each submits 
the proposed treaty to his own nation for ratification. 

The President upon receiving a proposed treaty 
presents it to the Senate for ratification. The Senate 
immediately proceeds to discuss the treaty. While dis- 
cussing a treaty the Senate sits with closed doors; this 
is termed *' going into executive session." If two 
thirds of the members present vote for ratification, the 
President by proclamation makes the treaty public and 



126 NATIONAL GOVERNMENT, 

it becomes a part of the supreme law of the land. The 
House of Representatives may indirectly prevent the 
ratification of certain treaties by refusing to pass 
appropriation bills to defray the expenses of their 
enforcement. 

Appointments. The President nominates and by and 
with the consent of the Senate appoints ambassadors, 
other public ministers, and consuls, judges of the 
supreme court, judges of such inferior courts as Con- 
gress may create, and all other officers of the United 
States whose appointments are not otherwise provided 
for in the Constitution. The President makes his 
nominations to the Senate in writing and the Senate 
goes into executive session for the consideration of 
the nominations. In the case of appointments, a bare 
majority is sufficient to confirm. 

A minister^ or, as more commonly designated, a 
foreigfi minister, is an agent who represents his gov- 
ernment in a foreign capital. His rights and duties 
are prescribed by law and custom. The minister of 
highest rank is termed an a^nbassador. 

A consul is a government agent who resides in a 
foreign country for the purpose of protecting the rights 
and property of citizens and seamen of his country. 
We have consuls in each of the important commercial 
cities of the world. 

Removals. '* The power to appoint includes the 
power to remove." An appointment is valid only 
upon receiving the sanction of the Senate. Is this 
consent necessary in, case of removal? This is an 
unsettled question. The first Congress decided that 
the President has the power to remove without the 
consent of the Senate. In 1867 Congress passed the 



XATIOXAL GOrE/^XMEXT. 127 

Tenure of Office Bill, which denied the President's 
power to remove an officer and to appoint his successor, 
without the consent of the Senate. This law was not 
satisfactory in its operation and in 1887 was repealed. 

Power to Fill Vacancies. The President has power 
to fill all vacancies that may occur during the recess of 
the Senate, by granting commissions that shall expire 
at the end of the next session of the Senate. The 
President commissions all officers of the United States. 

President's Message. The President must, from time 
to time, give to Congress information of the state of 
the Union, and recommend to its consideration such 
measures as he may deem necessary and expedient. 

It is now the custom for the President to send a mes- 
sage to Congress at the beginning of each session. 
With each regular annual message are transmitted the 
reports of the heads of the various executive depart- 
ments. The President may, from time to time, send 
special messages to Congress whenever he deems it 
necessary or expedient. The messages are transmitted 
in writing, and are read to each house by its clerk. 

Veto Power. Every bill passed by the two houses 
must be presented to the President before it can be- 
come a law. If he approves the bill he signs it; if 
he disapproves it he returns it together with his 
objections to the house in which the measure origi- 
nated. That house then enters the President's objec- 
tions on its journal and proceeds to reconsider the 
measure. If upon such reconsideration two thirds of 
that house agree to repass the bill, it is sent, together 
with the President's objections, to the other house, by 
which it is then considered. If here it receives the 
vote of two thirds of the members, it becomes a law 



128 NATIONAL GOVERNMENT, 

without the President's signature. A law thus passed 
is said *' to be passed over the President's veto." If 
any bill upon this second consideration fails to secure 
the vote of two thirds of either house it does not be- 
come a law. 

In voting upon the reconsideration of a vetoed bill, 
all votes are taken by yeas and nays, and the vote is 
entered upon the journals of the respective houses. 
If any bill is not returned by the President within 
ten days (Sundays excepted), after it has reached him, 
it becomes a law just as if he had signed it. If Con- 
gress adjourns, however, before the expiration of the 
ten days the bill fails as if vetoed. This method of 
defeating a bill was first employed by President Jack- 
son. It is termed a '* pocket veto." 

Salary. The salary of the President is fixed by law, 
and it can neither be increased nor diminished during 
the period for which he has been elected; nor may he 
receive during that period any other emolument from 
the United States nor any of them. 

By act of 1873 the President's salary was fixed at 
$50,000 per annum, and that of the vice president at 
$8,000 per annum. 

The President lives in the executive mansion, called 
the White House, which is provided and maintained 
by Congress. 

General Powers. The President must see that the 
laws are faithfully executed. He must receive ambas- 
sadors and other public ministers. This means that 
he must receive such ambassadors and public ministers 
as are in his judgment fit persons to assume the charge ; 
and that having once received them he may dismiss them 
or request their recall by the governments which they 



NATIOXAL GOVERXMEXT. 129 

represent. In addition to the constitutional powers of 
the President, Congress, from time to time, gives him 
special and discretionary powers respecting the enforce- 
ment or non-enforcement of certain measures. 

THE president's CABINET. 

Organization. The Constitution provides that the 
President may require the opinion, in writing, of the 
principal officer in each of the executive departments 
upon any subject relating to the duties of his office. 
We thus see that the framers of the Constitution con- 
templated the organization of executive departments. 
Congress has exercised this clearly-implied power. 
The first Congress created four departments, namely: 
the Department of State, the Department of the Treas- 
ury, the Department of War, and the Department of 
Justice, represented by the attorney-general. Four 
other departments have since been organized: the 
Department of the Navy in 1798, the Department of 
the Post Office in 1829, the Department of the Interior 
in 1849, and the Department of Agriculture in 1888. 

The cabinet officers are the President's counselors 
and advisers. They are his executive and adminis- 
trative agents. They are responsible to him for the 
conduct and administration of their respective depart- 
ments. 

The salary of each cabinet officer is $8,000 per year. 

DEPARTMENTS IN DETAIL. 

Bureau System. Just as the real work of Congress 
is assigned to special committees, so in each of the 
executive departments the duties are divided among 
sub-departments called bureaus, each of which is under 

ARK. AND THE NAT. — 9 



I30 NATIONAL GOVERNMENT, 

a chief. Each chief of bureau is responsible to the 
secretary of the department in the same manner that 
the secretary is to the President. 

Department of State. In point of dignity the most 
important cabinet officer is the secretary of state. 
This officer has charge of our relations with foreign 
powers, and of the public documents; he publishes the 
statutes and instructs and controls the diplomatic and 
consular service. He countersigns all proclamations 
issued by the President, is keeper of the Great Seal of 
the United States, and must affix the seal to all com- 
missions granted by the President. 

Treasury Department. The department second in 
dignity, but first in importance, is the Department of 
the Treasury, which has charge of national finance. 
The bureaus of this department have charge of the 
mints, the currency, the public debts, the collection of 
the internal revenue taxes, the customhouses, and the 
custom receipts. 

War Department. The secretary of war has charge 
of the affairs of the army, forts, arsenals, and military 
posts, the improvements of rivers and harbors, and of 
the Military Academy at West Point. Our regular 
army, which consists of about 25,000 men, is employed 
chiefly in policing the Indians in the western states. 

Department of Justice. The head of the Department 
of Justice is styled the attorney-general. His duties 
are similar to those of the attorney-general of the state. 
He must appear as attorney for the United States in 
all cases in which the United States is interested, pro- 
vided thje case is before the supreme court. He is the 
legal adviser of the President and of the heads of the 
departments. 



NATIONAL GOVERNMENT, 131 

Post Office Department. The postmaster general has 
charge of the United States mail service, both domestic 
and foreign. 

Department of Navy. The secretary of the navy has 
control of the navy, the navy yards, our foi;eign coal- 
ing stations, the coast survey, and the Naval Academy 
at Annapolis. 

Department of the Interior. The Department of the 
Interior is one of the most important of the executive 
departments. It contains the following bureaus: The 
Bureau of Indian Affairs, the Bureau of Public Lands, 
the Patent Office, the Census Bureau, the Pension 
Bureau, the Bureau of Education, and the National 
Geological Survey. 

Agricultural Department, The Department of Agri- 
culture was the latest to be created; it has for its 
special function the duty of fostering and protecting 
our agricultural interests. The Signal Service Weather 
Bureau has lately been transferred to this department. 

Who are the members of the present cabinet? What 
was their previous occupation or profession? Why 
should public money be spent to support a Weather 
Bureau? To take a national census? To improve river 
navigation ? 

English and American Cabinets Compared. The stu- 
dent must not confuse the meaning of the word ** cabi- 
net " as used in England and in America. The word 
in England means the responsible head of the legisla- 
tive majority. The members of the British cabinet are 
responsible to the House of Commons. The members 
of the American cabinet are individually responsible to 
the President. The members of the British cabinet 
are members of Parliament, may introduce measures, 



132 NATIONAL GOVERNMENT, 

may speak on their merits, and may vote for the 
measures. None of these privileges are allowed an 
American cabinet officer. These are only the more 
important differences that arise naturally from the fact 
that we have an independent executive. 

JUDICIAL DEPARTMENT. 

Judicial Power — Where Vested. The judicial power 
of the United States is vested in one supreme court 
and in such inferior courts as Congress may from time 
to time ordain and establish. 

Courts. In pursuance of the authority thus granted, 
Congress has created and organized the following 
courts: a supreme court, circuit court, circuit court 
of appeals, district courts, court of claims, and terri- 
torial courts. 

Extent of Power. The judicial power of the United 
States extends to all cases in law and equity, arising 
under the Constitution, the laws of the United States, 
and the treaties made under their authority; to all 
cases affecting ambassadors, other public ministers, 
and consuls; to all cases of admiralty and maritime 
jurisdiction; to controversies to which the United 
States is a party; to all controversies between two or 
more states, between a state and a citizen of another 
state, between citizens of different states, between 
citizens of the same state claiming lands under grants 
of different states, and between a state or the citizens 
thereof and foreign states, citizens, or subjects. 

The Eleventh Amendment provides that this power 
must not be construed to allow any state to be made 
defendant in any case of law or equity commenced or 
prosecuted by any private person or corporation. 



b 



XATIOXAL GOVERXMENT. 133 

Judges. The judges of the supreme and inferior 
courts hold office during good behavior, and, at 
stated times, receive for their services a compensation 
which must not be diminished during their continuance 
in office. The judges are appointed by the President 
with the approval of the Senate; they can be removed 
only by impeachment. 

Any judge of any United States court who has 
served for ten years, and who has attained to the age 
of seventy years, may resign his office and be placed 
on the '' retired list," drawing the same salary during 
life that was paid him at the time of his retirement. 

THE SUPREME COURT. 

Jurisdiction. The United States supreme court has 
original jurisdiction in all cases affecting ambassadors, 
other public ministers, and consuls^ and in those cases 
in which a state is a party. In all other cases men- 
tioned in the paragraph entitled " Extent of Power *' 
(p. 132) the supreme court has appellate jurisdiction, 
unless Congress has by special act deprived it of such 
jurisdiction. 

Jurisdiction means the right to hear and pass upon 
a cause of action. When a cause may be commenced 
in a certain court that court has of^iginal jurisdiction. 
When a cause may not be commenced in a court, but 
may be appealed to it from a lower court the superior 
court has appellate jurisdiction. 

Composition. The United States supreme court as 
now organized consists of one chief justice and eight 
associate justices. 

Sittings. The supreme court holds annual sessions 
in Washington beginning on the second Monday of 



134 NATIONAL GOVERNMENT. 

October. Each of the nine justices is presiding judge 
of a circuit court. 

Salaries. The associate justices receive $10,000 per 
year, the chief justice, $10,500. 

CIRCUIT COURTS. 

Number. The United States is divided into nine 
circuits, which are known and designated by number. 

Jurisdiction. The circuit courts have original juris- 
diction in civil suits arising under patent and copyright 
laws, in other cases designated from time to time by 
Congress, and in criminal cases for the trial of persons 
charged with crimes against the United States. These 
courts have appellate jurisdiction in nearly all cases 
tried in the United States district courts. 

Composition. One circuit judge is appointed for 
each of the nine circuits. He may hold court with or 
without a district judge. The presiding judge of each 
circuit is the supreme court justice who has been 
assigned to that circuit. 

Sittings, The circuit court sits in the several dis- 
tricts of each circuit successively, the law requiring 
that each justice of the supreme court shall sit in each 
district of this circuit at least once in every two years. 

Salary, The circuit judge receives $6,000 per year. 

CIRCUIT COURT OF APPEALS. 

Purpose. In 1892 the United States supreme court 
was four years in arrears with its business. In order 
to relieve this pressure and to avoid further delay, a 
new court was organized to be known as the circuit 
court of appeals. 



NATIONAL GOVERNMENT. 135 

Number and Jurisdiction. There is one appeal judge 
for each of the nine circuits. The court has a limited 
appeal jurisdiction defined by the Act of Congress 
which established it. 

DISTRICT COURTS. 

Number. The nine United States circuits are subdi- 
vided into districts, about seventy in all. (The number 
is subject to change by Congress.) 

In each district there is a special district judge. The 
districts never cross a state line; that is, there may 
never be more than one state in a district, though 
there may be two or more districts in a single state. 

Jurisdiction. The original jurisdiction of the district 
court is, in civil cases, about the same as that of the 
circuit court. In criminal cases its jurisdiction extends 
to all cases of crimes against the United States, except 
those punishable with death. 

Salaries. The United States district judges receive 
salaries ranging from $3,500 to $5,000 per year. 

Other Officers. Each district has its district attorney 
whose duty it is to prosecute offenders against the 
Federal laws and to conduct civil suits in which the 
United States is either plaintiff or defendant. Each 
district has a marshal whose duties are analogous to 
those of the sheriff in the state courts. 

RIGHTS AND LIMITATIONS OF THE STATES. 
RIGHTS. 

Representation. Each state is entitled to at least 
one representative in the House of Representatives, 
and no amendment can be made which shall deprive any 
state, without its consent, of equal suffrage in the 



136 NATIONAL GOVERNMEXT. 

Senate. This is one of the guaranties demanded by 
the smaller states represented at the Constitutional 
Convention. 

Citizenship. The citizens of each state are entitled 
to all the privileges and immunities of citizens in the 
several states. This guaranty grows, of necessity, 
from the fact of double citizenship, state and national. 

Protection. The United States must protect every 
state from invasion and domestic violence, on the ap- 
plication of the legislature of the state, or on demand 
of the governor, when the legislature cannot be con-r 
vened (or, it seems, when in the judgment of the Presi- 
dent the public safety demands it). 

Republican Form of Government. The United States 
guarantees to every state in this Union a republican 
form of government. By a ** republican form of gov- 
ernment " is understood a government by representa- 
tives chosen by the people. A republican government is 
contrasted on the onejiand with a democracy, in which 
the people or community as an organized whole wield 
sovereign powers of government, and on the other 
with the rule of one man ; as king, emperor, czar, or 
ultan, or with one class of men, as an aristocracy. 

Fugitives from Justice. If a person, charged in one 
state with treason, felony, or other infamous crime 
flees from justice and is found in another state, he 
must on demand of the governor of the state from 
which he fled, be delivered up to be removed to the 
state having jurisdiction over the crime. While it is 
clearly the duty of a governor to ' ' honor a requisition ' ' 
and deliver a fugitive from justice to the authorities of 
the state whence he fled, there is no power that can 
coerce a governor into signing any requisition. 



NATIONAL GOVERNMENT, 137 

LIMITATIONS. 

Alliance. No state can enter into any treaty of alli- 
ance or confederation; or into any agreement or com- 
pact with another state or with a foreign power, 
without the consent of Congress. 

War. No state can grant letters of marque and re- 
prisal; nor can it, without the consent of Congress, 
keep troops or ships of war in time of peace; nor can 
it engage in war unless actually invaded, or in such 
imminent danger as will not admit of delay. 

Money and Contracts. No state can coin money, 
emit bills of credit, make anything but gold and silver 
coin legal tender in payment of debt; nor can any 
state pass any law impairing the obligation of contract. 
This clause does not prohibit the states from chartering 
banks of issue. The bills or notes issued by these 
banks are not issued on the credit of the sta^e, hence 
do not come within the prohibition. State banks are 
now prevented from being banks of issue by the 
Federal law imposing a tax of ten per cent per annum 
on their notes. 

Customs Duties. No state can, without the consent 
of Congress, lay any duty of tonnage, or any duties on 
exports or imports. This provision does not prevent 
a state from passing and enforcing quarantine laws, or 
from imposing inspection fees upon importers and ship- 
pers. The quarantine laws must, however, be reason- 
able, and the inspection fees must not exceed the cost 
of inspection. 

Civil and Personal Rights. No state can deprive 
any person of life, liberty, or property, without due 
process of law; nor can any state deprive its citizens 



138 NATIONAL GOVERNMENT, 

of the right to a speedy and impartial trial by a jury. 
No person can be twice put in jeopardy of life or limb; 
nor can he be compelled to be a witness against him- 
self. 

Titles of Nobility. Neither the United States nor 
any state can grant any title of nobility; and no person 
holding an office of trust or profit can, without the con- 
sent of Congress, accept any present, emolument, 
office, or title, from any king, prince, or foreign state. 

Constitution the Supreme Law. The ' Constitution and 
the laws made in pursuance thereof, and all treaties 
are the supreme law of the land; and the judges in 
every state are bound thereby, anything in any state 
constitution or laws to the contrary notwithstanding. 

Public Records. Full faith and credit must be given 
in each state to the public acts, records, and judicial 
proceedings of every other state, and the Congress 
may by general law^s prescribe the manner in which 
such acts, records, and proceedings shall be proved, 
and the effect thereof. This provision prevents the 
endless delay and confusion that would inevitably arise 
were the several states allowed to ignore the acts, 
records, and judicial proceedings of another state. 

GENERAL PROVISIONS. 

New States. Congress may admit new states into 
the Union; but no new state may be formed within the 
jurisdiction of any other state, nor may any state be 
formed by the junction of two or more states or parts 
of states, without the consent of the legislatures of 
the states concerned as w^ell as of Congress. (For list 
of states and dates of admission, see Appendix, p. .) 



NATIONAL GOVERNMENT, 139 

Amendments. Whenever two thirds of both houses 
deem it necessary, Congress may propose amendments 
to the Constitution; or, on the application of the 
legislatures of two thirds of the several states, it may 
call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and pur- 
poses, as part of the Constitution, when ratified by 
the legislatures of three fourths of the several states, 
or by conventions in three fourths thereof, as the one 
or the other mode of ratification may be proposed by 
Congress. 

The framers of the Constitution wisely recognized 
the fact that constantly changing conditions would 
necessitate changes in the organic laws. The process 
of amendment was purposely made slow^ and difficult 
to prevent sudden and harmful changes. 

The Constitution has received fifteen amendments. 
The first ten, which constitute our " National Bill of 
Rights," were proposed by the first Congress and 
ratified by the states in 1791. The eleventh am.end- 
ment, ratified in 1798, limits the jurisdiction of the 
Federal courts in cases in which private persons seek 
to sue a state. The twelfth amendment, ratified in 
1804, changed the mode of electing the President and 
vice president. 

The thirteenth, fourteenth, and fifteenth amend- 
ments, ratified in 1865, 1868, and 1870, respectively, 
abolished slavery and defined the status of the freed- 
men. 



APPENDIX A. 

CONSTITUTION OF THE STATE OF 
ARKANSAS. 

PREAMBLE. 

We the people of the state of Arkansas, grateful to 
Almighty God for the privilege of choosing our own 
form of government; for our civil and religious 
liberty; and desiring to perpetuate its blessings and 
secure the same to ourselves and posterity, do ordain 
and establish this Constitution. 

ARTICLE I. 

BOUNDARIES. 

Boundaries of the state. 

We do declare and establish, ratify and confirm the 
following as the permanent boundaries of the state of 
Arkansas, that is to say: Beginning at the middle of the 
main channel of the Mississippi river, on the parallel 
thirty-six degrees of north latitude, running thence west 
with said parallel of latitude to the middle of the main 
channel of the St. Francis river; thence up the main 
channel of said last-named river to the parallel of 
thirty-six degrees, thirty minutes of north latitude; 
thence west with the southern boundary line of the 
state of Missouri to the southwest corner of said last- 
named state; thence to be bounded on the west to the 

[140] 



CONSTITUTION OF ARKANSAS. 141 

north bank of Red river, as by Act of Congress and 
treaties existing January first, 1837, defining the west- 
ern limits of the territory of Arkansas, and to be 
bounded across and south of Red river by the bound- 
ary line of the state of Texas as far as to the north- 
west corner of the state of Louisiana; thence easterly 
with the northern boundary line of said last-named 
state to the middle of the main channel of the Missis- 
sippi river; thence up the middle of the main channel 
of said last-named river, including an island in said 
river known as '' Belle Point Island," and all other 
land originally surveyed and included as a part of the 
territory or state of Arkansas, to the thirty-sixth de- 
gree of north latitude, the place of beginning. 

SEAT OF GOVERNMENT. 
Seat of government. 

The seat of government of the state of Arkansas 
shall be and remain at Little Rock, where it is now 
established. 

ARTICLE 11. 

DECLARATION OF RIGHTS. 

Source of political power. — Object of g-overnment. — Right of reform and 
abolition. 

Section i. All political power is inherent in the 
people, and government is instituted for their protec- 
tion, security, and benefit; and they have the right to 
alter, reform, or abolish the same, in such manner as 
they may think proper. 

Natural freedom and independence of men. — Inalienable rights. — Origin of 
government. 

Sec. 2. All men are created equally free and inde- 
pendent, and have certain inherent and inalienable 



142 CONSTITUTION OF ARKANSAS. 

rights; amongst which are those of enjoying and de- 
fending hfe and liberty; of acquiring, possessing, and 
protecting property and reputation; and of pursuing 
their own happiness. To secure these rights govern- 
ments are instituted among men, deriving their just 
powers from the consent of the governed. 

Equality of all persons before the law. 

Sec, 3. The equality of all persons before the law 
is recognized, and shall ever remain inviolate; nor 
shall any citizen ever be deprived of any right, privi- 
lege, or immunity; nor exempted from any burden or 
duty, on account of race, color, or previous condition. 

- Right of public assembly, and of petition. 

Sec. 4. The right of the people pe[a]ceably to assem- 
ble to consult for the common good, and to petition, 
by address or remonstrance, the government, or any 
department thereof, shall never be abridged. 

Right to bear arms. 

Sec. 5. The citizens of this state shall have the right 
to keep and bear arms for their common defense. 

Liberty of the press and of speech. — Libel. 

Sec. 6. The liberty of the press shall forever remain 
inviolate. The free communication of thoughts and 
opinions is one of the invaluable rights of man; and 
all persons may freely write and publish their senti- 
ments on all subjects, being responsible for the abuse 
of such right. In all criminal prosecutions for libel, 
the truth may be given in evidence to the jury; and, 
if it shall appear to the jury that the matter charged 
as libelous is true, and was published with good mo- 
tives and for justifiable ends, the party charged shall 
be acquitted. 



CONSTITUTION OF ARKANSAS, 143 

Trial by jury. 

Sec. 7. The right of trial by jury shall remain invio- 
late, and shall extend to all cases at law, without regard 
to the amount in controversy; but a jury trial may be 
waived by the parties in all cases, in the manner pre- 
scribed by law. 

No person to be held to answer for crime, but on presentment or indict- 
ment, — Exceptions. — No person to be twice put in jeopardy for same 
offence. — Or be compelled to be witness against himself. — Security for 
life, liberty, and property. — Right to bail. 

Sec. 8. No person shall be held to answer a criminal 
charge, unless on the presentment or indictment of a 
grand jury; except in cases of impeachment, or cases 
such as the General Assembly shall make cognizable 
by justices of the peace, and courts of similar juris- 
diction, or cases arising in the army and navy of the 
United States, or in the militia when in actual service 
in time of war or public danger; and no person, for the 
same offense, shall be twice put in jeopardy of life or 
liberty; but if, in any criminal prosecution, the jury 
be divided in opinion, the court before which the trial 
shall be had, may, in its discretion, discharge the jury, 
and commit or bail the accused for trial, at the same 
or the next term of said court; nor shall any person be 
compelled, in any criminal case, to be a witness against 
himself; nor be deprived of life, liberty, or property, 
without due process of law. All persons shall, before 
conviction, be bailable by sufficient sureties, except 
for capital offenses, when the proof is evident or the 
presumption great. 

Excessive bail and fines, cruel punishments, and detention of witnesses 
prohibited. 

Sec. 9. Excessive bail shall not be required; nor 
shall excessive fines be imposed; nor shall cruel or 



144 CONSTITUTION OF ARKANSAS. 

unusual punishment be inflicted; nor witnesses be un- 
reasonably detained. 

Rights of accused in criminal prosecution. 

Sec. lo. In all criminal prosecutions, the accused 
shall enjoy the right to a speedy and public trial, by 
an impartial jury of the county in which the crime shall 
have been committed : Provided, that the venue may be 
changed to any other county of the judicial district in 
which the indictment is found, upon the application of 
the accused, in such manner as now is or may be pre- 
scribed by law; and to be informed of the nature and 
cause of the accusation against him, and to have a copy 
thereof; and to be confronted with the witnesses 
against him; to have compulsory process for obtaining 
witnesses in his favor; and to be heard by himself and 
his counsel. 

Habeas corpus. 

Sec. II. The privilege of the writ of habeas corpus 
shall not be suspended; except by the General 
Assembly, in case of rebellion, insurrection, or inva- 
sion, when the public safety may require it. 

Suspension of the laws. 

Sec. 12. No power of suspending or setting aside the 
law or laws of the state shall ever be exercised, except 
by the General Assembly. 

Redress of wrongs. 

Sec. 13. Every person is entitled to a certain remedy 
in the laws for all injuries or wrongs he may receive in 
his person, property, or character; he ought to obtain 
justice freely and without purchase, completely and 
without denial, promptly and without delay, conform- 
ably to the laws. 



CONSTirUTIOX OF ARKANSAS. 145 

Treason. 

Sec. 14. Treason against the state shall only consist 
in levying and making war against the same, or in ad- 
hering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or 
on confession in open court. 

Security against unreasonable searches and seizures. 

Sec. 15. The right of the people of this state to be 
secure in their persons, houses, papers, and effects, 
against unreasonable searches and seizures shall not 
be violated; and no warrant shall issue, except upon 
probable cause, supported by oath or affirmation, and 
particularly describing the place to be searched, and 
the person or thing to be seized. 

Imprisonment for debt prohibited. 

Sec. 16. No person shall be imprisoned for debt in 
any civil action, on mesne or final process, unless in 
cases of fraud. 

Attainder laws, ex post facto^ impairing contracts, etc. prohibited. 

Sec. 17. No bill of attainder, ex post facto law, or 
law impairing the obligation of contracts shall ever be 
passed; and no conviction shall work corruption of 
blood or forfeiture of estate. 

Equality of privileges and immunities. 

Sec. 18. The General Assembly shall not grant, to 
any citizen or class of citizens, privileges or immunities 
which, upon the same terms, shall not equally belong 
to all citizens. 

Perpetuities, monopolies, and hereditary distinctions prohibited. 

Sec. 19. Perpetuities and monopolies are contrary 
to the genius of a republic, and shall not be allowed, 

ARK. AND THE NAT. — 10 



146 CONSTITUTION OF ARKANSAS. 

nor shall any hereditary emoluments, privileges, or 
honors ever be granted or conferred in this state. 

Resident aliens. 

Sec. 20. No distinction shall ever be made by law, 
between resident alieas and citizens, in regard to the 
possession, enjoyment, or descent of property. 

Life, liberty, and property, how secured, — Banishment prohibited. 

Sec. 21. No person shall be taken or imprisoned, or 
disseized of his estate, freehold, liberties, or privileges; 
or outlawed, or in any manner destroyed; or deprived 
of his life, liberty, or property; except by the judg- 
ment of his peers, or the law of the land; nor shall any 
l)erson, under any circumstances, be exiled from the 
state. 

Private property taken for public use. 

Sec. 22, The right of property is before and higher 
than any constitutional sanction; and private property 
shall not be taken, appropriated, or damaged for public 
use, without just compensation therefor. 

State's right of eminent domain and of taxation. — Delegation of taxing power. 

Sec. 23. The State's ancient right of eminent domain 
and of taxation is herein fully and expressly conceded; 
and the General Assembly may delegate the taxing 
power, with the necessary restriction, to the state's 
subordinate political and municipal corporations, to 
the extent of providing for their existence, mainte- 
nance, and well-being, but no further. 

Right of reHgious liberty. 

Sec. 24. All men have a natural and indefeasible 
right to worship Almiighty God according to the dic- 
tates of their own consciences; no man can, of right, 
be compelled to attend, erect, or support any place of 



CONSTITUTION OF ARKANSAS. 147 

worship; or to maintain any ministry against his con- 
sent. No human authority can, in any case or manner 
whatsoever, control or interfere with the right of con- 
science; and no preference shall ever be given, by law, 
to any religious establishment, denomination or mode 
of worship, above any other. 

Protection of religious liberty. 

Sec. 25. Religion, morality, and knowledge being 
essential to good government, the General Assembly 
shall enact suitable laws to protect every religious de- 
nomination in the peaceable enjoyment of its own mode 
of public worship. 

Religious tests prohibited. — Oaths or affirmations required. 

Sec. 26. No religious test shall ever be required of 
any person as a qualification to vote or hold office; nor 
shall any person be rendered incompetent to be a wit- 
ness on account of his religious belief; but nothing 
herein shall be construed to dispense with oaths or 
affirmations. 

Involuntary servitude, except for crime, prohibited. — Standing army. — Mili- 
tary subordinate to civil power. — Quartering of troops. 

Sec. 27. There shall be no slavery in this state, nor 
involuntary servitude, except as a punishment for 
crime. No standing army shall be kept in time of 
peace; the military shall, at all times, be in strict sub- 
ordination to the civil power; and no soldier shall be 
quartered in any house, or on any premises, without 
the consent of the owner, in time of peace; nor in 
time of war, except in a manner prescribed by law. 

Tenure of lands. 

Sec. 28. All lands in this state are declared to be 
allodial; and feudal tenures of every description, with 
^11 their incidents, are prohibited. 



148 CONSTITUTION OF ARKANSAS, 

This enumeration of rights not to disparage other rights. — Paramount au- 
thority of Declaration of Rights and of Constitution. 

Sec. 29. This enumeration of rights shall not be con- 
strued to deny or disparage others retained by the 
people; and to guard against any encroachments on 
the rights herein retained, or any transgression of any 
of the higher powers herein delegated, we declare that 
everything in this article is excepted out of the general 
powers of the government; and shall forever remain 
inviolate; and that all laws contrary thereto, or to the 
other provisions herein contained shall be void. 

ARTICLE III. 

FRANCHISE AND ELECTIONS. 

QuaHfications of electors. 

Section i. Every male citizen of the United States, or 
male person who has declared his intention of becom- 
ing a citizen of the same, of the age of twenty-one 
years, who has resided in the state twelve months, and 
in the county six months, and in the voting precinct 
or ward one month, next preceding any election, where 
he may propose to vote, shall be entitled to vote at all 
elections by the people. 

Freedom of elections — Right of suffrage not to depend on previous registra- 
tion. — Or impairable except on conviction for felony. 

Sec. 2. Elections shall be free and equal. No power, 
civil or military, shall ever interfere to prevent the free 
exercise of the right of suffrage; nor shall any law be 
enacted, whereby the right to vote at any election shall 
be made to depend upon any previous registration of 
the elector's name; or whereby such right shall be 
impaired or forfeited, except for the commission 
of a felony at common law, upon lawful conviction 
thereof. 



I 



CONSTITUTION' OF ARKANSAS. 149 

Elections to be by ballot, — Numbering of ballots. — Secrecy of the ballot. 

Sec. 3. All elections by the people shall be by ballot. 
Every ballot shall be numbered in the order in which 
it shall be received, and the number recorded by the 
election officers, on the list of voters opposite the 
name of the elector who presents the ballot. The elec- 
tion officers shall be sworn or affirmed not to disclose 
how any elector shall have voted, unless required to 
do so as witnesses in a judicial proceeding, or a pro- 
ceeding to contest an election. 

Privilege of electors. 

Sec. 4. Electors shall, in all cases (except treason, 
felony, and breach of the peace), be privileged from 
arrest during their attendance at elections, and going 
to and from the same. 

Idiots and insane. 

Sec. 5. No idiot or insane person shall be entitled to 
the privileges of an elector. 

Corrupt violation of election laws to disqualify for office. 

Sec. 6. Any person who shall be convicted of fraud, 
bribery, or other wilful and corrupt violation of any 
election law of this state, shall be adjudged guilty of 
a felony, and disqualified from holding any office of 
trust or profit in this state. 

United States soldiers, sailors, and marines. 

Sec. 7. No soldier, sailor, or marine, in the military 
or naval service of the United States, shall acquire a 
residence by reason of being stationed on duty in this 
state. 

Time of holding general elections. 

Sec. 8. The general elections shall be held biennially, 
on the first Monday of September; but the General 
Assembly may, by law, fix a different time. 



150 CONSTITUTION OF ARKANSAS. 

Testimony in cases of contested elections. 

Sec. 9. In trials of contested elections and in pro- 
ceedings for the investigation of elections, no person 
shall be permitted to withhold his testimony on the 
ground that it may criminate himself, or subject him 
to public infamy; but such testimony shall not be used 
against him in any judicial proceeding, except for per- 
jury in giving such testimony. 

Causes of disqualification as election officer. 

Sec. 10. No person shall be qualified to serve as an 
election officer, who shall hold, at the time of the 
election, any office, appointment, or employment in 
or under the government of the United States, or of 
this state, or in any city or county or any municipal 
board, commission, or trust in any city; save only the 
justices of the peace, and aldermen, notaries public, 
and persons in the militia service of the state. Nor 
shall any election officer be eligible to any civil office 
to be filled at an election at which he shall serve; 
save only to such subordinate municipal or local offi- 
ces, below the grade of city or county officers, as shall 
be designated by general law. 

Votes unlawfully refused, to be counted on trial of contest. 

Sec. II. If the officers of any election shall unlaw- 
fully refuse or fail to receive, count, or return the vote 
or ballot of any qualified elector, such vote or ballot 
shall nevertheless be counted upon the trial of any 
conte[n]st arising out of said election. 

Elections by parties representative. 

Sec. 12. All elections by persons acting in a repre- 
sentative capacity shall be viva voce. 



CONSTITUTION^ OF ARKANSAS, 151 

ARTICLE IV. 

DEPARTMENTS. 
Departments of government. 

Section i. The powers of the government of the state 
of Arkansas shall be divided into three distinct depart- 
ments, each of them to be confided to a separate body 
of magistracy, to wit: Those which are legislative to 
one; those which are executive to another; and those 
which are judicial to another. 

Separation of departments. 

Sec. 2. No person or collection of persons, being of 
one of these departments, shall exercise any power 
belonging to either of the others, except in the in- 
stances hereinafter expressly directed or permitted. 

ARTICLE V. 

LEGISLATIVE. 
General Assembly. 

Section i. The legislative power of this state shall be 
vested in a General Assembly, which shall consist of 
the Senate and House of Representatives. 

House of Representatives. 

Sec. 2. The House of Representatives shall consist 
of members to be chosen every second year by the 
qualified electors of the several counties. 

Senate. 

Sec. 3. The Senate shall consist of members to be 
chosen every four years by the qualified electors of 
the several districts. At the first session of the Sen- 
ate, the senators shall divide themselves into two 
classes, by lot, and the first class shall hold their 



152 CONSTITUTION OF ARKANSAS, 

places for two years only, after which all shall be 
elected for four years. 

Qualifical ions of senators and representatives. 

Sec. 4. No person shall be a senator or representative 
who. at the time of his election, is not a citizen of the 
United States, nor any one who has not been, for two 
years next preceding his election, a resident of this 
state, and for one year next preceding his election, a 
resident of the county or district whence he may be 
chosen. Senators shall be at least twenty-five years 
of age, and representatives at least twenty-one years 
of age. 

Times of meeting. 

Sec. 5. The General Assembly shall meet at the seat 
of government every two years, on the first Tuesday 
after the second Monday in November, until said time 
be altered by law. 

Vacancies 

Sec. 6. The governor shall issue writs of election, to 
fill such vacancies as shall occur in either house of the 
General Assembly. 

Officers ineligible to General Assembly. 

Sec. 7. No judge of the supreme, circuit, or inferior 
courts of law or equity, secretary of state, attorney- 
general for the state, auditor, or treasurer, recorder, 
clerk of any court of record, sheriff, coroner, member 
of Congress, or any other person holding any lucra- 
tive ofiice under the United States or this state (militia 
officers, justices of the peace, postmasters, officers of 
public schools and notaries excepted), shall be eligible 
to a seat in either house of the General Assembly. 



CONSTITUTION OF ARKANSAS, 153 

Holders of public moneys disqualified for office, until settlement. 

Sec. 8. No person who now is, or shall be hereafter, 
a collector or holder of public money, nor any assistant 
or deputy of such holder or collector of public money, 
shall be eligible to a seat in either house of the General 
Assembly, nor to any office of trust or profit, until he 
shall have accounted for and paid over all sums for 
which he may have been liable. 

Conviction of infamous crime to disqualify for office. 

Sec. 9. No person hereafter convicted of embezzle- 
ment of public money, bribery, forgery, or other infa- 
mous crime, shall be eligible to the General Assembly 
or capable of holding any office of trust or profit in 
this state. 

Senator or representative disqualified for civil office. 

Sec. 10. No senator or representative shall, during 
the term for which he shall have been elected, be ap- 
pointed or elected to any civil office under this state. 

Each house to appoint its officers and determine qualifications, etc., of its 
members. — Quorum. 

Sec. II. Each house shall appoint its own officers, 
and shall be sole judge of the qualifications, returns, 
and elections of its own members. A majority of all 
the members elected to each house shall constitute a 
quorum to do business; but a smaller number may ad- 
journ from day to day, and compel the attendance of 
absent members, in such manner and under such 
penalties as each house shall provide. 

Rules. — Expulsion of members. — Punishment for contempt. — Enforcement 
of process. — Protection of members. — Journal. — Yeas and nays. 

Sec. 12. Each house shall have the power to de- 
termine the rules of its proceedings; and punish its 
members or other persons for contempt or disorderly 



1 54 CONS TI T U TIOX OF A RKA NSA S. 

behavior in its presence; enforce obedience to its pro- 
cess; to protect its members against violence or offers 
of bribes, or private solicitations; and, with the con- 
currence of two thirds, expel a member; bat not a 
second time for the same cause. A member expelled 
for corruption shall not, thereafter, be eligible to either 
house; and punishment for contempt or disorderly 
behavior shall not bar an indictment for the same 
offense. Each house shall keep a journal of its pro- 
ceedings; and, from time to time, publish the same, 
except such parts as require secrecy; and the yeas and 
nays, on any question, shall, at the desire of any five 
members, be entered on the journals. 

Proceedings to be public. 

Sec. 13. The sessions of each house, and of com- 
mittees of the whole, shall be open, unless when the 
business is such as ought to be kept secret. 

Elections by joint or concurrent vote. 

Sec. 14. Whenever an officer, civil or military, shall 
be appointed by the joint or concurrent vote of both 
houses or by the separate vote of either house of the 
General Assembly, the vote shall be taken viva voce 
and entered on the journals. 

Privileges of senators and representatives. 

Sec. 15. The members of the General Assembly 
shall, in all cases except treason, felony, and breach, 
or surety of the peace, be privileged from arrest dur- 
ing their attendance at the sessions of their respective 
houses and in going to and returning from the same, 
and, for any speech or debate in either house, they 
shall not be questioned in any other place. 



coivsriTurroy of arawxsas. 155 

Pay and mileag^e. — Term to begin with election. 

Sec. 16. The members of the General Assembly shall 
receive such per diem pay and mileage for their serv- 
ices, as shall be fixed by law. No member of either 
house shall, during the term for which he has been 
elected, receive any increase of pay for his services, 
under any law passed during such term. The term of 
all members of the General Assembly shall begin on 
the day of their election. 

Duration of sessions. 

Sec. 17. The regular biennial sessions shall not ex- 
ceed sixty days in duration; unless by a vote of two 
thirds of the members elected to each house of said 
General Assembly: Provided, that this section shall not 
apply to the first session of the General Assembly under 
this Constitution, or when impeachments are pending. 

Presiding officers. — President of Senate to succeed to governorship in case of 
vacancy. 

Sec. 18. Each house, at the beginning of every regu- 
lar session of the General Assembly and whenever a 
vacancy may occur shall elect from its members a 
presiding officer, to be styled, respectively, the presi- 
dent of the Senate and the speaker of the House of 
Representatives; and whenever, at the close of any 
session, it may appear that the term of the member 
elected president of the Senate will expire before the 
next regular session, the Senate shall elect another 
president from those members whose terms of office 
continue over, who shall qualify and remain president 
of the Senate until his successor may be elected and 
qualified, and who, in the case of a vacancy in the 
office of governor, shall perform the duties and exercise 
the powers of governor, as elsewhere herein provided. 



156 CONSTITUTIOiV OF ARKANSAS, 

Style of laws. 

Sec. 19. The style of the laws of the state of Arkan- 
sas shall be: '' Be it enacted by the General Assem- 
bly of the State of Arkansas." 

State not to be sued in her courts. 

Sec. 20. The state of Arkansas shall never be made 
defendant in any of her courts. 

Laws to be by bill. — Amendment of bills. 

Sec. 21. No law shall be passed except by bill, and 
no bill shall be so altered or amended, on its pas- 
sage through either house, as to change its original 
purpose. 

Passage of bills. 

Sec. 22. Every bill shall be read at length, on three 
different days, in each house; unless the rules be sus- 
pended by two thirds of the house, when the same may 
be read a second or third time on the same day; and 
no bill shall become a law unless, on its final passage, 
the vote be taken by yeas and nays; the names of the 
persons voting for and against the same be entered on 
the journal; and a majority of each house be recorded 
thereon as voting in its favor. 

Revival, amendment, and extension, of laws. 

Sec. 23. No law shall be revived, amended, or the 
provisions thereof extended or conferred, by reference 
to its title only; but [but] so much thereof as is re- 
vived, amended, extended, or conferred, shall be reen- 
acted and published at length. 

Classes of special legislation prohibited. 

Sec. 24. The General Assembly shall not pass any 
local or special law changing the venue in criminal 
cases; changing the names of persons, or adopting or 



COXSTITUTION OF ARKANSAS. 157 

legitimating children ; granting divorces; vacating 
roads, streets, or alleys. 

Restrictions on special legislation. 

Sec. 25. In all cases where a general law can be made 
applicable, no special law shall be enacted; nor shall 
the operation of any general law be suspended by the 
legislature for the benefit of any particular individual, 
corporation, or association; nor where the courts have 
jurisdiction to grant the powers or the privileges or 
the relief asked for. 

Publication of notice of local and special bills. 

Sec. 2(i. No local or special bill shall be passed, 
unless notice of the intention to apply therefor shall 
have been published in the locality where the matter 
or the thing to be affected may be situated; which 
notice shall be at least thirty days prior to the intro- 
duction in the General Assembly of such bill, and in 
the manner to be provided by law. The evidence of 
such notice having been published shall be exhibited 
in the General Assembly before such act shall be 
passed. 

Extra compensation to officers, agents, employees, and contractors. — Appro- 
priations for claims, in matters not provided for by preexisting laws. 

Sec. 27. No extra compensation shall be made to 
any officer, agent, employee, or contractor, after the 
service shall have been rendered, or the contract 
made; nor shall any money be appropriated or paid 
on any claim, the subject matter of which shall not 
have been provided for by preexisting laws; unless 
such compensation or claim be allowed by bill passed 
by two thirds of the members elected to each branch 
of the General Assembly. 



158 CONSTITUTION OF ARKANSAS, 

Adjournment. 

Sec. 28. Neither house shall, without the consent of 
the other, adjourn for more than three days; nor to 
any other place than that in which the two houses shall 
be sitting. 

Appropriations to be specific, and limited to two years. 

Sec. 29. No money shall be drawn from the treasury 
except in pursuance of specific appropriation made by 
law, the purpose of which shall be distinctly stated in 
the bill, and the maximum amount which may be 
drawn shall be specified in dollars and cents ; and no ap- 
propriations shall be for a longer period than two years. 

General and special appropriation bills. 

Sec. 30. The general appropriation bill shall em- 
brace nothing but appropriations for the ordinary 
expense of the executive, legislative, and judicial de- 
partments of the state; all other appropriations shall be 
made by separate bills, each embracing but one subject. 

Vote requisite to allowances of state tax, and appropriations of money. 

Sec. 31. No state tax shall be allowed, or appropria- 
tion of money made, except to raise means for the pay- 
ment of the just debts of the state, for defraying the 
necessary expenses of government, to sustain common 
schools, to repel invasion and suppress insurrection; 
except by a majority of two thirds of both houses of 
the General Assembly. 

Redress for injuries to person or property. 

Sec. 32. No act of the General Assembly shall limit 
the amount to be reco veered for injuries resulting in 
death, or for injuries to persons or property; and, in 
case of death from such injuries, the right of action 



CONS TITUTION OF A RKA N SA S. 1 59 

shall survive, and the General Assembly shall prescribe 
for whose benefit such action shall be prosecuted. 

Liabilities of corporations to the state. 

Sec. -^i. No obligation or liability of any railroad 
or other corporation held or owned by this state shall 
ever be exchanged, transferred, remitted, postponed, 
or in any way dimiaished by the General Assembly; 
nor shall such liability or obligation be released, except 
by pa>ment thereof into the state treasury. 

Bills not to be introduced during" last three days of the session. 

Sec. 34. No new bill shall be introduced into either 
house during the last three days of the session. 

Bribery of officers. 

Sec. 35. Any person who shall, directly or indirectly, 
offer, give, or promise any money, or thing of value, 
testimonial, privilege, or personal advantage to any 
executive or judicial officer or member of the General 
Assembly; and any such executive or judicial officer 
or member of the General Assembly who shall receive, 
or consent to receive, any such consideration, either 
directly or indirectly, to influence his action in the per- 
formance or non-performance of his public or official 
duty, shall be guilty of a felony, and be punished 
accordingly. 

Expulsion of member no bar to indictment. 

Sec. -^d. Proceedings to expel a member for a crim- 
inal offense, whether successful or not, shall not bar an 
indictment and punishment, under the criminal laws^ 
for the same offense. 



i6o CONSTITUTION OF ARKANSAS. 



ARTICLE VI. 

EXECUTIVE DEPARTMENT. 

Executive officers. — Offices to be at seat of government. — Terms of office.— 
Commissioner of state lands. 

Section i. The (ex)ecutive department of this state 
shall consist of a governor, secretary of state, treasurer 
of state, auditor of state, and attorney-general, all of 
whom shall keep their offices in person at the seat of 
government and hold their offices for a term of two 
years, and until their successors are elected and quali- 
fied; and the General Assembly may provide by law for 
the establishment of the office of commissioner of state 
lands. 

Governor. 

Sec. 2. The supreme executive power of this state 
shall be vested in a chief magistrate, who shall be 
styled '* the Governor of the State of Arkansas.'* 

Election of executive officers. — Returns. — Declaration of election. — Case 
of tie. 

Sec. 3. The governor, secretary of state, treasurer 
of state, auditor of state, and attorney-general shall 
be elected by the qualified electors of the state at large, 
at the time and places of voting for members of the 
General Assembly; the returns of each election there- 
for shall be sealed up separately and transmitted to the 
seat of government by the returning officers, and 
directed to the speaker of the House of Representa- 
tives, who shall, during the first week of the session, 
open and publish the votes cast and given for each of 
the respective officers hereinbefore mentioned, in the 
presence of both houses of the General Assembly. 



CONSTITUTION OF ARKANSAS, iGi 

The person having the highest number of votes, for 
each of the respective offices shall be declared duly 
elected thereto; but if two or more shall be equal, and 
highest in votes for the same offices, one of them shall 
be chosen by the joint vote of both houses of the Gen- 
eral Assembly, and a majority of all the members 
elected shall be necessary to a choice. 

Contested elections for executive officers. 

Sec. 4. Contested elections for governor, secretary 
of state, treasurer of state, auditor of state, and 
attorney-general shall be determined by the members 
of both houses of the General Assembly, in joint ses- 
sion; who shall have exclusive jurisdiction in trying 
and determining the same, except as hereinafter pro- 
vided in the case of special elections; and all such con- 
tests shall be tried and determined at the first session 
of the General Assembly after the election in which 
the same shall have arisen. 

Qualifications of governor. 

Sec. 5. No person shall be eligible to the office of 
governor except a citizen of the United States, who 
shall have attained the age of thirty years, and shall 
have been seven years a resident of this state. 

Governor to be commander in chief. 

Sec. 6. The governor shall be commander in chief 
of the military and naval forces of this state except 
when they shall be called into the actual service of the 
United States. 

May require information from officers of Executive Department. — Execution 
of the laws. 

Sec. 7. He may require information, in writing, from 
the officers of the executive department, on any sub- 

ARK. AND THE NAT. — H 



i62 CONSTITUTION OF ARKANSAS. 

ject relating to the duties of their respective offices; 
and shall see that the laws are faithfully executed. 

Messages to General Assembly. 

Sec. 8. He shall give to the General Assembly, from 
time to time, and at the close of his official term to 
the next General Assembly, information, by message, 
concerning the condition and government of the scate; 
and recommend for their consideration such measures 
as he may deem expedient. 

Great seal of the state. 

Sec. 9. A seal of the state shall be kept by the gov- 
ernor, used by him officially, and called the ** Great 
Seal of the State of Arkansas." 

Grants and commissions. 

Sec. 10. All grants and commissions shall be issued 
in the name, and by the authority of the state of 
Arkansas; sealed with the great seal of the state; 
signed by the governor, and attested by the secretary 
of state. 

Persons ineligible to office of governor. 

Sec. II. No member of Congress, or other person 
holding office under the authority of this state or of 
the United States, shall exercise the office of governor, 
except as herein provided. 

Death, impeachment, or other disability of governor. 

Sec. 12. In case of the death, conviction on impeach- 
ment, failure to qualify, resignation, absence from the 
state, or other disability of the governor, the powers, 
duties, and emoluments of the office for the remainder 
of the term, or until the disability be removed, or a 



CONSTITUTION OF ARKANSAS, 163 

governor elected and qualified, shall devolve upon, and 
accrue to, the president of the Senate. 

Impeachment or other disability of president of Senate, acting as governor. 

Sec. 13. If, during the vacancy of the office of gov- 
ernor, the president of the Senate shall be impeached, 
removed from office, refuse to qualify, resign, die, or 
be absent from the state, the speaker of the House of 
Representatives shall, in like manner, administer the 
government. 

Election to fill vacancy in office of governor. — Returns. — Contested election. 

Sec. 14. Whenever the office of governor shall have 
become vacant by death, resignation, removal from 
office, or otherwise, provided such vacancy shall not 
happen within twelve months next before the expira- 
tion of the term of office for which the late governor 
shall have been elected, the president of the Senate or 
speaker of the House of Representatives, as the case 
may be, exercising the powers of governor for the time 
being, shall immediately cause an election to be held 
to fill such vacancy, giving, by proclamation, sixty 
days' previous notice thereof, which election shall be 
governed by the same rules prescribed for general 
elections of governor as far as applicable; the returns 
shall be made to the secretary of state, and the acting 
governor, secretary of state, and attorney-general 
shall constitute a board of canvassers, a majority of 
whom shall compare said returns, and declare who is 
elected; and if there be a contested election, it shall 
be decided as may be provided by law. 

Bills to be presented to governor for approval. — Proceedings in case of 
veto. — Bill not returned within five days to become a law. — Bills passed 
during last five days of session. 

Sec. 15. Every bill which shall have passed both 



i64 CONSTITUTION OF ARKANSAS, 

houses of the General Assembly, shall be presented to 
the governor; if he approve it, he shall sign it; but if 
he shall not approve it, he shall return it, with his ob- 
jections, to the house in which it originated; which 
house shall enter the objections at large upon their 
journal, and proceed to reconsider it. If, after such 
reconsideration, a majority of the whole number elected 
to that house, shall agree to pass the bill, it shall be 
sent, with the objections, to the other house; by 
which, likewise, it shall be reconsidered; and, if ap- 
proved by a majority of the whole number elected to 
that house, it shall be a law; but in such cases, the 
votes of both houses, shall be determined by ** yeas 
and nays; " and the names of the members voting for 
or against the bill shall be entered on the journals. 
If any bill shall not be returned by the governor within 
five days, Sunday excepted, after it shall have been 
presented to him, the same shall be a law in like man- 
ner as if he had signed it; unless the General Assem- 
bly, by their adjournment, prevent its return; in which 
case it shall become a law, unless he shall file the same, 
with his objections, in the office of the secretary of 
state, and give notice thereof, by public proclamation, 
within twenty days after such adjournment. 

Concurrent orders and resolutions to be presented to governor for approval. — 
Proceedings in case of veto. 

Sec. i6. Every order or resolution in which the con- 
currence of both houses of the General Assembly may 
be necessary, except on questions of adjournment, 
shall be presented to the governor, and, before it shall 
take effect, be approved by him; or, being disapproved, 
shall be repassed by both houses, according to the 
rules and limitations prescribed in the case of a bill. 



COXSTITUTION OF ARKANSAS. 165 

Veto of items of appropriation bills. — Proceedings in such case. 

Sec. 17. The governor shall have power to disap- 
prove any item or items, of any bill making appropria- 
tion of money, embracing distinct items; and the part 
or parts of the bill approved shall be the law; and the 
item or items of appropriations disapproved shall be 
void unless repassed according to the rules and limita- 
tions prescribed for the passage of other bills over the 
executive veto. 

General pardoning power. — Pardoning power in cases of treason. — Infor- 
mation concerning pardons, etc., to be communicated to the General 
Assembly. 

Sec. 18. In all criminal and penal cases, except in 
those of treason and impeachment, the governor shall 
have power to grant reprieves, commutations of 
sentence, and pardons, after conviction; and to remit 
fines and forfeitures, under such rules and regulations 
as shall be prescribed by law. In cases of treason, he 
shall have power, by and with the advice and consent 
of the Senate, to grant reprieves and pardons; and he 
may, in the recess of the Senate, respite the sentence 
until the adjournment of the next regular session of 
the General Assembly. He shall communicate to the 
General Assembly at every regular session each case 
of reprieve, commutation, or pardon, with his reasons 
therefor; stating the name and crime of the convict, 
the sentence, its date, and the date of the commutation, 
pardon, or reprieve. 

Extra session of the General Assembly, and convocation elsewhere than at 
seat of government 

Sec. 19. The governor may, by proclamation on 
extraordinary occasions, convene the General Assem- 
bly at the seat of government, or at a different place, 



i66 CONSTITUTION OF ARKANSAS. 

if that shall have become, since their last adjourn- 
ment, dangerous from an enemy or contagious disease; 
and he shall specify in his proclamation the purpose 
for which they are convened; and no other business 
than that set forth therein shall be transacted until the 
same shall have beon disposed of; after which they 
may, by a vote of two thirds of all the members 
elected to both houses, entered upon their journals, 
remain in session not exceeding fifteen days. 

Case of disagreement in General Assembly, as to time of adjournment. 

Sec. 20. In cases of disagreement between the two 
houses of the General Assembly, at a regular or special 
session, with respect to the time of adjournment, the 
governor may, if the facts be certified to him by the 
presiding officers of the two houses, adjourn them to a 
time not beyond the day of their next meeting; and 
on account of danger from an enemy or disease, to 
such other place of safety as he may think proper. 

Duties of secretary of state. — Superintendent of public instruction. 

Sec. 21. The secretary of state shall keep a full and 
accurate record of all the official acts and proceedings 
of the governor; and, when required, lay the same 
with all papers, minutes, and vouchers relating thereto, 
before either branch of the General Assembly. He 
shall also discharge the duties of superintendent of 
public instruction, until otherwise provided by law. 

Duties of other officers of Executive Department. — Their disqualification to 
hold other office. — Vacancies in their offices. 

Sec. 22. The treasurer of state, secretary of state, 
auditor of state, and attorney-general shall perform 
such duties as may be prescribed by law; they shall not 
hold any other office or commission, civil or military. 



COXSTITUTION OF ARKANSAS. 167 

in this state or under any state, or the United States, 
or any other power, at one and the same time; and in 
case of vacancy occurring in any of said offices, by 
death, resignation, or otherwise, the governor shall fill 
said office by appointment for the unexpired term. 

Vacancies in office, not elsewhere provided. 

Sec. 23. When any office, from any cause, may be- 
come vacant, and no mode is provided by the constitu- 
tion and laws for filling such vacancy, the governor 
shall have the power to fill the same by granting a 
commission, which shall expire when the person elected 
to fill said office, at the next general election, shall be 
duly qualified. 

ARTICLE VII. 

JUDICIAL DEPARTMENT. 
Judicial power, where vested. — Establishment of additional courts. 

Section i. The judicial power of the state shall be 
vested in one supreme court; in circuit courts; in 
county and probate courts; and in justices of the 
peace. The General Assembly may also vest such 
jurisdiction as may be deemed necessary in municipal 
corporation courts, courts of common pleas, where 
established; and, when deemed expedient, may estab- 
lish separate courts of chancery. 

Supreme court. — Chief justice. — Quorum, 

Sec. 2. The supreme court shall be composed of three 
judges, one of whom shall be styled chief justice, and 
elected as such; any two of whom shall constitute a 
quorum, and the concurrence of two judges shall, in 
every case, be necessary to a decision. 



i68 CONSTITUTION- OF ARKANSAS. 

Increase of number of judges of supreme court. 

Sec. 3. When the population of the state shall 
amount to one million, the General Assembly may, if 
deemed necessary, increase the number of judges of the 
supreme court to five; and, on such increase, a ma- 
jority of judges shall be necessary to make a quorum 
or a decision. 

General jurisdiction of supreme court. — Jurisdiction of individual judges of 
supreme court. 

Sec. 4. The supreme court, except in cases otherwise 
provided by this Constitution, shall have appellate 
jurisdiction only; which shall be coextensive with the 
state, under such restrictions as may from time to time 
be prescribed by law. It shall have a general superin- 
tending control over all inferior courts of law and 
equity; and, in aid of its appellate and supervisory 
jurisdiction, it shall have power to issue writs of error, 
and supersedeas, certiorari, habeas corpus^ prohibition, 
mandamus, and quo warf^anto, and other remedial 
writs; and to hear and determine the same. Its judges 
shall be conservators of the peace throughout the state, 
and shall severally have power to issue any of the 
aforesaid writs. 

5. Jurisdiction of supreme court in quo ivarranto. 

Sec. 5. In the exercise of original jurisdiction, the 
supreme court shall have power to issue writs of quo 
warranto to the circuit judges and chancellors, when 
created, and to officers of political corporations when 
the question involved is the legal existence of such 
corporations. 

Qualifications of judges of supreme court. — Election. — Term of office. 

Sec. 6. A judge of the supreme court shall be at 
least thirty years of age, of good moral character, and 



COySTITUTIOy OF ARKANSAS. 169 

learned in the law; a citizen of the United States, and 
two years a resident of the state; and who has been a 
practicing lawyer eight years, or whose service upon 
the bench of any court of record, when added to the 
time he may have practiced law, shall be equal to eight 
years. The judges of the supreme court shall be 
elected by the qualified electors of the state, and shall 
hold their offices during the term of eight years from 
the date of their commissions; but at the first meeting 
of the court, after the first election under this Con- 
stitution, the judges shall, by lot, divide themselves 
into three classes; one of which shall hold his office 
for four, one for six, and the other for eight years; 
after which, each judge shall be elected for a full term 
of eight years. A record shall be made in the court 
of this classification. 

Clerk and reporter of supreme court. — Term of office. 

Sec. 7. The supreme court shall appoint its clerk 
and reporter, who shall hold their offices for six years, 
subject to removal for good cause 

Terms of supreme court. 

Sec. 8. The terms of the supreme court shall be held 
at the seat of government, at the times that now are, 
or may be, provided by law. 

Special judges of supreme court. 

Sec. 9. In case all, or any of the judges of the su- 
preme court, shall be disqualified from presiding in any 
cause or causes, the court, or the disqualified judge, 
shall certify the same, to the governor, who shall im- 
mediately commission the requisite number of men 
learned in the law, to sit in the trial and determination 
of such causes. 



I70 CONSTITUTION OF ARKANSAS, 

Compensation of supreme judges. — Disqualifieation to hold other office. 

Sec. lo. The supreme judges shall at stated times 
receive a compensation for their services to be ascer- 
tained by law, which shall not be, after the adjourn- 
ment of the next General Assembly, diminished during 
the time for which they shall have been elected. They 
shall not be allowed any fees or perquisites of office, 
nor hold any other office, nor hold any office of trust 
or profit under the state or the United States. 

General jurisdiction of circuit courts. 

Sec. II. The circuit court shall have jurisdiction in 
all civil and criminal cases, the exclusive jurisdiction 
of which may not be vested in some other court pro- 
vided for by this Constitution. 

Terms of circuit courts. 

Sec. 12. The circuit courts shall hold their terms in 
each county, at such times and places as are, or may 
be, prescribed by law. 

Judicial circuits. — Judge of circuit court to reside and be conservator of 
peace in his circuit. 

Sec. 13. The state shall be divided into convenient 
circuits, each circuit to be made up of contiguous 
counties, for each of which circuits a judge shall be 
elected; who, during his continuance in office, shall 
reside in and be a conservator of the peace within the 
circuit for which he shall have been elected. 

Superintending and appellate jurisdiction of circuit courts. 

Sec. 14. The circuit courts shall exercise a superin- 
tending control and appellate jurisdiction over county, 
probate, court of common pleas, and corporation courts 
and justices of the peace; and shall have power to 
issue, hear, and determine all the necessary writs to 



COXSTITUTION OF ARKANSAS. 171 

carry into effect their general and specific powers, any 
of which w^its may be issued upon order of the judge 
of the appropriate court in vacation. 

Equity jurisdiction of circuit courts. 

Sec. 15. Until the General Assembly shall deem it 
expedient to establish courts of chancery, the circuit 
courts shall have jurisdiction in matters of equity, sub- 
ject to appeal to the supreme court, in such manner as 
may be prescribed by law. 

Qualifications of judges of circuit courts. 

Sec. 16. A judge of the circuit court shall be a citi- 
zen of the United States, at least twenty-eight years 
of age, of good moral character, learned in the law, 
two years a resident of the state, and shall have prac- 
ticed law six years, or whose service upon the bench 
of any court of record, when added to the time he may 
have practiced law, shall be equal to six years. 

Election of judges of circuit courts. — Term of office. 

Sec. 17. The judges of the circuit courts shall be 
elected by the qualified electors of the several circuits, 
and shall hold their offices for the term of four years. 

Compensation of judges of circuit courts. — Disqualification to hold other 
office. 

Sec. 18. The judges of the circuit courts shall at 
stated times receive a compensation for their services 
to be ascertained by law, which shall not, after the ad- 
journment of the first session of the General Assembly, 
be diminished during the time for which they are 
elected. They shall not be allow^ed any fees or per- 
quisites of office, nor hold any other office of trust or 
profit under this state or the United States. 



172 CONSTITUTION OF ARKANSAS, 

Clerks of circuit courts, — Election. — Term of office. — To be ex ojfficio county 
and probate clerks, and recorders. — Separate county clerk in certain 
counties. — To be ex officio probate clerk. 

Sec. 19. The clerks of the circuit court shall be 
elected by the qualified electors of the several counties, 
for the term of two years, and shall be ex officio 
clerks, of the county and probate courts, and recorder. 
Provided, that in any county having a population 
exceeding fifteen thousand inhabitants, as shown by the 
last Federal s(c)ensus, there shall be elected a county 
clerk, in like manner as clerk of the circuit court, who 
shall be ex officio clerk of the probate court of said 
county. 

Interest, consanguinity, etc., to disqualify judge from presiding at trial. 

Sec. 20. No judge or justice shall pri(e)side in the 
trial of any cause in the event of which he may be 
interested, or where either of the parties shall be con- 
nected with him by consanguinity or affinity, within 
such degree as may be prescribed by law; or in which 
he may have been of counsel; or have presided in any 
inferior court. 

Special judges for circuit courts. — Powers of special judges. — Their qualifi- 
cations. 

Sec. 2 1. Whenever the office of judge of the circuit 
court of any county is vacant at the commencement 
of a term of such court, or the judge of said court 
shall fail to attend, the regular practicing attorneys in 
attendance on said court may meet at 10 o'clock 
A. M. on the second day of the term and elect a judge to 
preside at such court, or until the regular judge shall 
appear; and if the judge of said court shall become 
sick, or die, or unable to continue to hold such court 
after its term shall have commenced, or shall from any 



COXSTITUTION OF ARKANSAS, 173 

cause be disqualified from presiding at the trial of any 
cause then pending therein, then the regular practicing 
attorneys in attendance on said court may in like man- 
ner, on notice from the judge or clerk of said court 
elect a judge to preside at such court, or to try said 
causes; and the attorney so elected shall have the 
same power and authority in said court as the regular 
judge would have had if present and presiding; but 
this authority shall cease at the close of the term at 
which the election shall be made. The proceedings 
shall be entered at large upon the record. The special 
judge shall be learned in the law, and a resident of the 
state. 

Exchange of circuits. 

Sec. 22. The judges of the circuit courts may tem- 
porarily exchange circuits, or hold courts for each 
other under such regulation as may be prescribed by law. 

Charges to juries. 

Sec. 23. Judges shall not charge juries with regard 
to matters of fact, but shall declare the law; and, in 
jury trials shall reduce their charge or instructions to 
writing, on the request of either party. 

Prosecuting attorneys. — Term of office. — Qualifications. 

Sec. 24. The qualified electors of each circuit shall 
elect a prosecuting attorney, who shall hold his office 
for the term of tWo years; and he shall be a citizen of 
the United States, learned in the law, and a resident 
of the circuit for which he may be elected 

Judges prohibited from practice of law. 

Sec. 25. The judges of the supreme, circuit, or 
chancery courts shall not, during their continuance in 



174 CONSTITUTION OF ARKANSAS. 

office, practice law, or appear as counsel in any court 
— state or Federal — within this state. 

Contempts not in presence of court or disobedience of process. 

Sec. 26. The General Assembly shall have power to 
regulate, by law, the punishment of contempts; not 
committed in the presence or hearing of the courts, 
or in disobedience of process. 

Removal of county and township officers. 

Sec. 27. The circuit court shall have jurisdiction 
upon information, presentment, or indictment, to re- 
move any county or township officer from office for 
incompetency, corruption, gross immorality, criminal 
conduct, malfeasance, misfeasance, or nonfeasance in 
office. 

Jurisdiction of county courts. — County court to be held by one judge. 

Sec. 28. The county courts shall have exclusive origi- 
nal jurisdiction in all matters relating to county taxes, 
roads, bridges, ferries, paupers, bastardy, vagrants, 
the apprenticeship of minors, the disbursement of 
money for county purposes, and in every other case 
that may be necessary to the internal improvement and 
local concerns of the respective counties. The county 
court shall be held by one judge, except in cases other- 
wise herein provided. 

Judges of county courts. — Election. — Term of office. — Qualifications. 

Sec. 29. The judge of the county court shall be 
elected by the qualified electors of the county, for the 
term of two years. He shall be at least twenty-five 
years of age, a citizen of the United States, a man of 
upright character, of good business education, and a 
resident of the state for two years before his election; 



COXSTITUTIOX OF ARKANSAS. 175 

and a resident of the county at the time of his elec- 
tion and during his continuance in office. 

Quorum of the county. — Powers. — Majority must sit. — Compulsory at- 
tendance. 

Sec. 30. The justices of the peace of each county shall 
sit with and assist the county judge in levying the county 
taxes, and in making appropriations for the expenses 
of the county, in the manner to be prescribed by law; 
and the county judge, together with a majority of said 
justices, shall constitute a quorum for such purposes; 
and in the absence of the county judge a majority of 
the justices of the peace may constitute the court, who 
shall elect one of their number to preside. The Gen- 
eral Assembly shall regulate by law the manner of com- 
pelling the attendance of such quorum. 

Terms of county courts. 

Sec. 31. The terms of the county courts shall be held 
at the times that are now prescribed for holding the 
supervisors' courts, or may hereafter be prescribed by 
law. 

Courts of common pleas. — Jurisdiction. 

Sec. 32. The General Assembly may authorize the 
judge of the county court of any one or more counties, 
to hold severally a quarterly court of common pleas, 
in their respective counties; which shall be a court of 
record, with such jurisdiction in matters of contract 
and other civil matters not involving title to real estate, 
as may be vested in such court. 

Appeals from county courts and courts of common pieas. 

Sec. 33. Appeals from all judgments of county 
courts or courts of common pleas, when established, 
may be taken to the circuit court under such restric- 
tions and regulations as may be prescribed by law. 



176 CONSTITUTION OF ARKANSAS, 

Courts of probate. — Jurisdiction. — Terms. 

Sec. 34. The judge of the county court shall be the 
judge of the court of probate, and have such exclusive 
original jurisdiction in matters relative to the probate 
of wills, the estates of deceased persons, executors, 
administrators, guardians, and persons of unsound 
mind, and their estates, as is now vested in the circuit 
court, or may be hereafter prescribed by law. The 
regular terms of the court of probate shall be held at 
the times that may hereafter be prescribed by law. 

Appeals from probate courts. 

Sec. 35. Appeals may be taken from judgments and 
orders of the probate court to the circuit court, under 
such regulations and restrictions as may be prescribed 
by law. 

special judges for county and probate courts. 

Sec. 2)^. Whenever a judge of the county or probate 
court may be disqualified from presiding, in any cause 
or causes pending in his court, he shall certify the facts 
to the governor of the state, who shall thereupon com- 
mission a special judge to preside in such cause or causes 
during the time said disqualification may continue, or 
until such cause or causes may be finally disposed of. 

Compensation of county judge. — His jurisdiction in absence of circuit judge 
from county. 

Sec. 37. The county judge shall receive such com- 
pensation for his services as presiding judge of the 
county court, as judge of the court of probate, and 
judge of the court of common pleas, when established, 
as may be provided by law. In the absence of the 
circuit judge from the county the county judge shall 
have power to issue orders for injunction and other 



CONSTITUTION OF ARKANSAS. 177 

provisional writs in their counties, returnable to the 
court having jurisdiction: Provided, that either party 
may have such order reviewed by any superior judge 
in vacation in such manner as shall be provided by law. 
The county judge shall have power, in the absence of 
the circuit judge from the county, to issue, hear, and 
determine writs of habeas corpus., under such regula- 
tions and restrictions as shall be provided by law. 

Justices of the peace. — Term of office. — Commission. 

Sec. 2)^. The qualified electors of each township 
shall elect the justices of the peace for the term of two 
years; who shall be commissioned by the governor, 
and their official oath shall be indorsed on the com- 
mission. 

Number of justices of the peace. 

Sec. 39. For every two hundred electors there shall 
be elected one justice of the peace; but every town- 
ship, however small, shall have two justices of the peace. 

Jurisdiction of justices of the peace: — ist, Exclusive of circuit court. — 2d, 
Concurrent with circuit court. — 3d, In misdemeanors. — 4th, As ex- 
amining courts, and in binding to keep the peace. — 5th, To issue pro- 
cess. — 6th, As conservators of the peace. — Denied jurisdiction in 
Questions of land. 

Sec. 40. They shall have original jurisdiction in 
the following matters: First — Exclusive of the 
circuit court, in all matters of contract where the 
amount in controversy does not exceed the sum of 
one hundred dollars, excluding interest; and concur- 
rent jurisdiction in matters of contract where the 
amount in controversy does not exceed the sum of 
three hundred dollars, exclusive' of interest. Second 
— Concurrent jurisdiction in suits for the recovery of 
personal property, where the value of the property does 

ARK. AND THE NAT. — 12 



178 CONSTITUTION OF ARKANSAS. 

not exceed the sum of three hundred dollars; and in 
all matters of damage to personal property where the 
amount in controversy does not exceed the sum of one 
hundred dollars. Third — Such jurisdiction of misde- 
meanors as is now, or may be prescribed by law. 
Fourth — To sit as examining courts and commit, dis- 
charge, or recognize offenders to the court having juris- 
dictions, for further trial; and to bind persons to keep 
the peace or for good behavior. Fifth — For the 
foregoing purposes, they shall have power to issue all 
necessary process. Sixth — They shall be conserva- 
tors of the peace within their respective counties: Pro- 
vided, a justice of the peace shall not have jurisdiction 
where a lien on land, or title or possession thereto, is 
involved. 

Qualifications of justices of the peace. 

Sec. 41. A justice of the peace shall be a qualified 
elector and a resident of the township for which he is 
elected. 

Appeals from justices of the peace. 

Sec. 42. Appeals may be taken from the final judg- 
ments of the justices of the peace, to the circuit courts, 
under such regulations as are now, or may be provided 
by law. 

Jurisdiction of corporation courts. 

Sec. 43. Corporation courts, for towns and cities, 
may be invested with jurisdiction concurrent with 
justices of the peace in civil and criminal matters, and 
the General Assembly may invest such of them as it 
may deem expedient with jurisdiction of any criminal 
offences not punishable by death, or imprisonment in 
the penitentiary, with or without indictment, as may 



COXSTITUTIOX OF ARKANSAS. 179 

be provided by law; and, until the General Assembly 
shall otherwise provide, they shall have the jurisdic- 
tion now provided by law, 

Pulaski chancery court. — Term of office of judge and clerk. — Election. — 
Proceedings relative to sixteenth-section lands. 

Sec. 44. The Pulaski chancery court shall continue 
in existence until abolished by law, or the business 
pending at the adoption of this Constitution shall be 
disposed of, or the pending business be transferred to 
other courts. The judge and clerk of said court shall 
hold ofhce for the term of two years; and shall be 
elected by the qualified voters of the state. All suits 
and proceedings which relate to sixteenth section 
lands, or to money due for said lands shall be trans- 
ferred to the respective counties where such lands are 
located, in such manner as shall be provided by the 
General Assembly at the next session. 

Separate criminal courts abolished. — Their jurisdiction transferred to circuit 
courts. — Their records. 

Sec. 45. The separate criminal courts established in 
this state are hereby abolished, and all the jurisd(ic)- 
tion exercised by said criminal courts is vested in the 
circuit courts of the respective counties; and all causes 
now pending therein are hereby transferred to said 
circuit courts respectively. It shall be the duty of the 
clerks of said criminal courts to transfer all the records, 
books, and papers pertaining to said criminal courts to 
the circuit courts of their respective counties. 

County executive officers. — Term of office. — Compensation of assessors. 

Sec. 46. The qualified electors of each county shall 
elect one sheriff, who shall be ex officio collector of 
taxes, unless otherwise provided by law; one assessor, 
one coroner, one treasurer, who shall be ex officio 



l8o CONSTITUTION OF ARKANSAS. 

treasurer of the common school fund of the county, 
and one county surveyor; for the term of two years, 
with such duties as are now or may be prescribed by 
law: Provided, that no per centum shall ever be paid 
to assessors upon the valuation or assessment of prop- 
erty by them. 

Constables. — Their commissions. 

Sec. 47. The qualified electors of each township shall 
elect a constable, for the term of two years, who shall 
be furnished by the presiding judge of the county 
court, with a certificate of election, on which his offi- 
cial oath shall be indorsed. 

Commissions of officers. 

Sec. 48. All officers provided for in this article, ex- 
cept constables, shall be commissioned by the gov- 
ernor. 

Style of process and indictments. 

Sec. 49. All writs and other judicial process, shall 
run in the name of the state of Arkansas, bear test 
and be signed by the clerks of the respective courts 
from which they issue. Indictments shall conclude: 
** Against the peace and dignity of the State of 
Arkansas.'* 

Vacancies in offices provided for in Art. VII. 

Sec. 50. All vacancies occurring in any office pro- 
vided for in this article, shall be filled by special elec- 
tion; save that in case of vacancies occurring in county 
and township offices six months, and in other offices 
nine months, before the next general election, such 
vacancies shall be filled by appointment by the gov- 
ernor. 



CONSTITUTION OF ARKANSAS, i8i 

Appeals in case of allowances for or against counties, cities, or towns. — 
Appeal bond. 

Sec. 51. That in all cases of allowances made for or 
against counties, cities, or towns, an appeal shall lie 
to the circuit court of the county, at the instance of 
the party aggrieved, or on the intervention of any 
citizen or resident and tax payer of such county, city, 
or town, on the same terms and conditions on which 
appeals may be granted to the circuit court in other 
cases; and the matter pertaining to any such allow- 
ance shall be tried in the circuit court de fiovo. In 
case an appeal be taken by any citizen, he shall give a 
bond, payable to the proper county, conditioned to 
prosecute the appeal, and save the county from costs 
on account of the same being taken. 

Contested elections for county, township, or municipal offices. 

Sec. 52. That in all cases of contest for any county, 
township, or municipal office, an appeal shall lie at the 
instance of the party aggrieved, from any inferior 
board, council, or tribunal to the circuit court, on the 
same terms and conditions on which appeals may be 
granted to the circuit court in other cases, and on such 
appeals the case shall be tried de ?tovo, 

ARTICLE VIII. 

APPORTIONMENT. 

Number of representatives. — Ratio of representation. — Apportionment of 
representatives. 

Section i. The House of Representatives shall con- 
sist of not less than seventy-three, nor more than one 
hundred members. Each county now organized shall 
always be entitled to one representative; the remainder 
to be apportioned to the several counties according to 



i82 CONSTITUTION OF ARKANSAS. 

the number of adult male inhabitants, taking two 
thousand as the ratio, until the number of representa- 
tives amounts to one hundred, when they shall not be 
further increased, but the ratio of representation shall, 
from time to time, be increased as hereinafter pro- 
vided; so that the representatives shall 'never exceed 
that number. And until the enumeration of the in- 
habitants is taken by the United States government, 
A. D. 1880, the representatives shall be apportioned 
among the several counties as follows: 

The county of Arkansas shall elect one representa- 
tive. The county of Ashley shall elect one repre- 
sentative. The county of Benton shall elect two 
representatives. The county of Boone shall elect one 
representative. The county of Bradley shall elect 
one representative. The county of Baxter shall elect 
one representative. The county of Calhoun shall 
elect one representative. The county of Carroll shall 
elect one representative. The county of Chicot 
shall elect one representative. The county of Colum- 
bia shall elect two representatives. The county of 
Clark shall elect two representatives. The county of 
Conway shall elect one representative. The county 
of Craighead shall elect one representative. The 
county of Crawford shall elect one representative. 
The county of Cross shall elect one representative. 
The county of Crittenden shall elect one representa- 
tive. The county of Clayton shall elect one repre- 
sentative. The county of Dallas shall elect one repre- 
sentative. The county of Desha shall elect one 
representative. The county of Drew shall elect one 
representative. The county of Dorsey shall elect 
one representative. The county of Franklin shall 



i 



CONSTITUTION OF ARKANSAS, 183 

elect one representative. The county of P'ulton shall 
elect one representative. The county of Faulkner 
shall elect one representative. The county of Grant 
shall elect one representative. The county of 
Greene shall elect one representative. The county of 
Garland shall elect one representative. The county 
of Hempstead shall elect two representatives. The 
county of Hot Spring shall elect one representative. 
The county of Howard shall elect one representative. 
The county of Independence shall elect two repre- 
sentatives. The county of Izard shall elect one repre- 
sentative. The county of Jackson shall elect one 
representative. The county of Jefferson shall elect 
three representatives. The county of Johnson shall 
elect one representative. The county of Lafayette 
shall elect one representative. The county of Law- 
rence shall elect one representative. The county of 
Little River shall elect one representative. The 
county of Lonoke shall elect two representatives. 
The county of Lincoln shall elect one representative. 
The county of Lee shall elect two representatives. The 
county of Madison shall elect one representative. The 
county of Marion shall elect one representative. 
The county of Monroe shall elect one representative. 
The county of Montgomery shall elect one representa- 
tive. The county of Mississippi shall elect one repre- 
sentative. The county of Nevada shall elect one 
representative. The county of Newton shall elect 
one representative. The county of Ouachita shall 
elect two representatives. The county of Perry shall 
elect one representative. The county of Phillips 
shall elect three representatives. The county of Pike 
shall elect one representative. The county of 



i84 CONSTITUTION OF ARKANSAS, 

Polk shall elect one representative. The county of 
Pope shall elect one representative. The county 
of Poinsett shall elect one representative. The county 
of Pulaski shall elect four representatives. The 
county of Prairie shall elect one representative. The 
county of Randolph shall elect one representative. 
The county of Saline shall elect one representative. 
The county of Sarber shall elect one representa- 
tive. The county of Scott shall elect one repre- 
sentative. The county of Searcy shall elect one 
representative. The county of Sebastian shall elect 
two representatives. The county of Sevier shall elect 
one representative. The county of St. Francis shall 
elect one representative. The county of Stone shall 
elect one representative. The county of Union 
shall elect two representatives. The county of Van 
Buren shall elect one representative. The county of 
Washington shall elect three representatives. The 
county of White shall elect two representatives. The 
county of Woodruff shall elect one representative. 
The county of Yell shall elect one representative. The 
county of Sharp shall elect one representative. 

Division of state into senatorial districts. — Ratio of representation in Senate. — 
Present senatorial districts and apportionment of senators. — Number of 
senators. 

Sec. 2. The legislature shall, from time to time, 
divide the state into convenient senatorial districts in 
such manner that the Senate shall be based upon the 
adult male inhabitants of the state; each senator repre- 
senting an equal number as nearly as practicable, and 
until the enumeration of the inhabitants is taken by 
the United States government A. D. 1880, the districts 
shall be arranged as follows: . 



CONSTITUTION OF ARKANSAS, 185 

The counties of Greene, Craighead, and Clayton shall 
compose the first district, and elect one senator. 

The counties of Randolph, Lawrence, and Sharp 
shall compose the second district, and elect one 
senator. 

The counties of Carroll, Boone, and Newton shall 
compose the third district, and elect one senator. 

The counties of Johnson and Pope shall compose 
the fourth district, and elect one senator. 

The county of Washington shall compose the fifth 
district, and elect one senator. 

The counties of Independence and Stone shall com- 
pose the sixth district, and elect one senator. 

The counties of Woodruff, St. Francis, Cross, and 
Crittenden shall compose the seventh district, and 
elect one senator. 

The counties of Yell and Sarber shall compose the 
eighth district, and elect one senator. 

The counties of Saline, Garland, Hot Spring, and 
Grant shall compose the ninth district, and elect one 
senator. 

The counties of Pulaski and Perry shall compose the 
tenth district, and elect two senators. 

The county of Jefferson shall compose the eleventh 
district, and elect one senator. 

The counties of Lonoke and Prairie shall compose 
the twelfth district, and elect one senator. 

The counties of Arkansas and Monroe shall compose 
the thirteenth district, and elect one senator. 

The counties of Phillips and Lee shall compose the 
fourteenth district, and elect one senator. 

The counties of Desha and Chicot shall compose the 
fit.eenth district, and elect one senator. 



i86 CONSTITUTIOJSr OF ARKANSAS, 

The counties of Lincoln, Dorsey, and Dallas 
shall compose the sixteenth district, and elect one 
senator. 

The counties of Drew and Ashley shall compose the 
seventeenth district, and elect one senator. 

The counties of Bradley and Union shall compose 
the eighteenth district, and elect one senator. 

The counties of Calhoun and Ouachita shall compose 
the nineteenth district, and elect one senator. 

The counties of Hempstead and Nevada shall com- 
pose the twentieth district, and elect one senator. 

The counties of Columbia and Lafayette shall com- 
pose the twenty-first district, and elect one senator. 

The counties of Little River, Sevier, Howard, and 
Polk shall compose the twenty-second district, and 
elect one senator. 

The counties of Fulton, Izard, Marion, and Baxter 
shall compose the twenty-third district, and elect one 
senator. 

The counties of Benton and Madison shall compose 
the twenty-fourth district, and elect one senator. 

The counties of Crawford and Franklin shall compose 
the twenty-fifth district, and elect one senator. 

The counties of Van Buren, Conway, and Searcy 
shall compose the twenty-sixth district, and elect one 
senator. 

The counties of White and Faulkner shall compose 
the twenty-seventh district, and elect one senator. 
• The counties of Sebastian and Scott shall compose 
the twenty-eighth district, and elect one senator. 

The counties of Poinsett, Jackson, and Mississippi 
shall compose the twenty-ninth district, and elect one 
senator. 



COXSTITUriON OF ARKANSAS. 187 

The counties of Clark, Pike, and Montgomery shall 
compose the thirtieth district, and elect one senator. 

And the Senate shall never consist of less than thirty, 
nor more than thirty-five members. 

Principles of formation of Senatorial districts. 

Sec. 3. Senatorial districts shall at all times cont(s)ist 
of contiguous territory, and no county shall be divided 
in the formation of a senatorial district. 

Apportionments when to be made. 

Sec. 4. The division of the state into senatorial dis- 
tricts, and the apportionment of representatives to 
the several counties, shall be made by the General As- 
sembly at the first regular session after each enumera- 
tion of the inhabitants of the state by the Federal or 
state governments shall have been ascertained, and at 
no other time. 

ARTICLE IX. 

EXEMPTION. 

Exemption of personal property of persons other than heads of families, from 
seizure for debt. 

Section i. The personal property of any resident of 
this state, who is not married or the head of a family, 
in specific articles to be selected by such resident, not 
exceeding in value the sum of two hundred dollars, in 
addition to his or her wearing apparel, shall be exempt 
from seizure on attachment, or sale on execution or 
other process from any court issued for the collection 
of any debt by contract: Provided, that no property 
shall be exempt from execution for debts contracted 
for the purchase money therefor while in the hands of 
the vendee. 



i88 CONSTITUTION OF ARKANSAS, 

Exemption of personal property of heads of families. 

Sec 2. The personal property of any resident of this 
state, who is married or the head of a family, in 
specific articles to be selected by such resident, not 
exceeding in value the sum of five hundred dollars, in 
addition to his or her wearing apparel, and that of his 
or her family, shall be exempt from seizure on attach- 
ment, or sale on execution or other process from any 
court, on debt by contract. 

Homestead exemption. 

Sec. 3. The homestead of any resident of this state, 
who is married or the head of a family, shall not be 
subject to the lien of any judgment or decree of any 
court, or to sale under execution, or other process 
thereon, except such as may be rendered for the pur- 
chase money, or for specific liens, laborers' or me- 
chanics' liens for improving the same, or for taxes, or 
against executors, administrators, guardians, receivers, 
attorneys for moneys collected by them, and other 
trustees of an express trust, for moneys due from them 
in their fiduciary capacity. 

Extent of exemption of homestead situate outside city, town, or village. 

Sec. 4. The homestead outside any city, town, or 
village, owned and occupied as a residence, shall con- 
sist of not exceeding one hundred and sixty acres of 
land, with the improvements thereon, to be selected 
by the owner: Provided, the same shall not exceed in 
value the sum of twenty-five hundred dollars, and in no 
event shall the homestead be reduced to less than 
eighty acres, without regard to value. 

Extent of exemption of homestead in city, town, or village. 

Sec. 5. The homestead in any city, town, or village, 
owned and occupied as a residence, shall consist of not 



CONSTITUTION OF ARKANSAS. 189 

exceeding one acre of land, with the improvements 
thereon, to be selected by the owner: Provided, the 
same shall not exceed in value the sum of two thousand 
^WQ, hundred dollars, and in no event shall such home- 
stead be reduced to less than one quarter of an acre of 
land, without regard to value. 

Homestead exemption for benefit of widow. — Proviso. — Rights of children 
during minority. 

Sec. 6. If the owner of a hom,estead die, leaving a 
widow, but no children, and said widow has no separate 
homestead in her own right, the same shall be exempt, 
and the rents and profits thereof shall vest in her during 
her natural life: Provided, that if the owner leaves chil- 
dren, one or more, said child or children shall share with 
said widow, and be entitled to half the rents and profits 
till each of them arrives at twenty-one years of age — 
each child's rights to cease at twenty-one years of 
age and the shares to go to the younger children; 
and then all go to the widow: And provided, that said 
widow or children may reside on the homestead or not. 
And in case of the death of the widow, all of said 
homestead shall be vested in the minor children of the 
testator or intestate. 

Separate property of married women. 

Sec. 7. The real and personal property of diuy femme 
covert in this state, acquired either before or after 
marriage, whether by gift, grant, inheritance, devise 
or otherwise, shall, so long as she may choose, be and 
remain her separate estate and property, and may be 
devised, bequeathed, or conveyed by her the same as if 
she were a femme sole and the same shall not be sub- 
ject to the debts of her husband. 



igo CONSTITUTION OF ARKANSAS, 

Scheduling of separate personal property of married women. 

Sec. 8. The General Assembly shall provide for the 
time and mode of scheduling the separate personal 
property of married women. 

Effect of exemptions of Constitution of i858. 

Sec. 9. The exemptions contained in the Constitution 
of 1868 shall apply to all debts contracted since the 
adoption thereof, and prior to the adoption of this 
Constitution. 

Homestead exemption for benefit of minor orphan children. 

Sec. 10. The homestead provided for in this article 
shall inure to the benefit of the minor children, under 
the exemptions herein provided, after the decease of 
the parents. 

ARTICLE X. 

AGRICULTURE, MINING, AND MANUFACTURE. 

Agricultural, mining, and manufacturing interests of state. — Mining, Manu- 
facturing, and Agricultural Bureau. 

Section i. The General Assembly shall pass such 
laws as will foster and aid the agricultural, mining, and 
manufacturing interests of the state, and may create 
a bureau to be known as the Mining, Manufacturing 
and Agricultural Bureau. 

State geologist. —Term of office. — Duties. — Compensation. — Removal. 

Sec. 2. The General Assembly, when deemed ex- 
pedient, may create the office of state geologist, to be 
appointed by the governor, by and with the advice and 
consent of the Senate, who shall hold his office for such 
time, and perform such duties, and receive such com- 
pensation as may be prescribed by law: Provided, 
that he shall be at all times subject to removal by 



COXSTITUTIOX OF ARKANSAS. 191 

the governor, for incompetency or gross neglect of 
duty. 

Exemption from taxation, of mines and manufactures. 

Sec. 3. The General Assembly may, by general law, 
exempt from taxation for the term of seven years from 
the ratification of this Constitution the capital invested 
in any or all kinds of mining and manufacturing busi- 
ness in this state, under such regulations and restric- 
tions as may be prescribed by law. 

ARTICLE XI. 

MILITIA. 
Persons liable to military duty. — Organization of militia. 

Section i. The militia shall consist of all able-bodied 
male persons, residents of the state, between the ages 
of eighteen and forty-five years; except such as may 
be exempted by the laws of the United States or this 
state; and shall be organized, officered, armed and 
equipped and trained in such manner as may be pro- 
vided by law. 

Volunteer companies. 

Sec. 2. Volunteer companies of infantry, cavalry, or 
artillery may be formed in such manner and with such 
restrictions as may be provided by law. 

Privilege of militia from arrest, at muster, etc. 

Sec. 3. The volunteer and militia forces shall in all 
cases (except treason, felony, and breach of the peace) 
be privileged from arrest during their attendance at 
muster and the election of officers, and in going to and 
returninor from the same. 



192 CONSTITUTION OF ARKANSAS. 

Authority to call out volunteers and militia. 

Sec. 4. The governor shall, when the General Assem- 
bly is not in session, have power to call out the volun- 
teers or militia, or both, to execute the laws, repel 
invasion, repress insurrection, and preserve the public 
peace, in such manner as may be authorized by law. 

ARTICLE XII. 

MUNICIPAL AND PRIVATE CORPORATIONS. 
Revocation of existing charters and grants, for non-user. 

Section i. All existing charters or grants of special 
or exclusive privileges under which a bona fide ox gd^w- 
ization shall not have taken place and business been 
commenced in good faith, at the time of the adoption 
of this Constitution, shall thereafter have no validity. 

Limitation of power of incorporation, by special act. 

Sec. 2. The General Assembly shall pass no special 
act conferring corporate powers except for charitable, 
educational, penal, or reformatory purposes, where the 
corporations created are to be and remain under the 
patronage and control of the state. 

Incorporation of cities and towns, — Restriction of powers. 

Sec. 3. The General Assembly shall provide, by gen- 
eral laws, for the organization of cities (which may be 
classified) and incorporated towns; and restrict their 
power of taxation, assessment, borrowing money, and 
contracting debts, so as to prevent the abuse of such 
power. 

Limitation of legislative power of municipal corporations, and of their power 
of taxation. — Payment of existing indebtedness. 

Sec. 4. No municipal corporation shall be authorized 
to pass any laws contrary to the general laws of the 



CONSTITUTION OF ARKANSAS, 193 

State; nor levy any tax on real or personal property 
to a greater extent, in one year, than five mills on 
the dollar of the assessed value of the same: Provided, 
that to pay indebtedness existing at the time of the 
adoption of this Constitution, an additional tax of not 
more than five mills on the dollar may be levied. 

Municipal corporations not to become stockholders, or financially assist cor- 
porations, etc. 

Sec. 5. No county, city, town, or municipal corpora- 
tion, shall become a stockholder in any company, asso- 
ciation, or corporation; or obtain or appropriate money 
for, or loan its credit to, any corporation, association 
institution, or individual. 

General incorporation laws. — Power of alteration and revocation. 

Sec. 6. Corporations may be formed under general 
laws, which laws may, from time to time, be altered 
or repealed. The General Assembly shall have the 
power to alter, revoke, or annul any charter of incor- 
poration now existing and revocable at the adoption of 
this Constitution, or any that may hereafter be created, 
whenever, in their opinion, it may be injurious to the 
citizens of this state; in such manner, however, that 
no injustice shall be done to the corporators. 

State not to be interested in stock of corporations, etc. 

Sec. 7. Except as herein provided, the state shall 
never become a stockholder in, or subscribe to, or be 
interested in the stock of any corporation or associa- 
tion. 

Issue and increase of stock, etc., of private corporations. 

Sec. 8. No private corporation shall issue stocks or 
bonds, except for money or property actually received, 
or labor done; and all fictitious increase of stock or 

ARK. AND THE NAT. — I3 



194 CONSTITUTION OF ARKANSAS, 

indebtedness shall be void; nor shall the stock or 
bonded indebtedness of any private corporation be 
increased, except in pursuance of general laws, nor 
until the consent of the persons holding the larger 
amount, in value, of stock, shall be obtained at a meet- 
ing held after notice given for a 'eriod not less than 
sixty days, in pursuance of law. 

Compensation of property and right of way, taken for use of corporations. 

Sec. 9. No property, nor right of way, shall be ap- 
propriated to the use of any corporation, until full 
compensation therefor shall first be made to the owner 
in money; or first secured to him by a deposit of 
money; which compensation, irrespective of any benefit 
from any improvement proposed by such corporation, 
shall be ascertained by a jury of twelve men, in a court 
of competent jurisdiction, as shall be prescribed by 
law. 

Legislation authorizing issue of circulating paper prohibited. 

Sec. 10. No act of the General Assembly shall be 
passed authorizing the issue of bills, notes, or other 
paper which may circulate as money. 

Foreign corporations. 

Sec. II. Foreign corporations may be authorized to 
do business in this state, under such limitations and 
restrictions as may be prescribed by law: Provided, 
that no such corporation shall do any business in this 
state, except while it maintains therein one or more 
known places of business, and an authorized agent or 
agents in the same, upon whom process may be served; 
and, as to contracts made or business done in this state, 
they shall be subject to the same regulations, limita- 
tions, and liabilities as like corporations of this state; 



COXSTITUTION OF ARKANSAS, 195 

and shall exercise no other or greater powers, privi- 
leges, or franchises than may be exercised by like cor- 
porations of this state; nor shall they have power to 
condemn or appropriate private property. 

State not to assume liabilities of counties or corporations. — Exceptions. — 
Indebtedness of corporations to state. 

Sec. 12. Except as herein otherwise provided, the 
state shall never assume, or pay the debt or liability of 
any county, town, city, or other corporation whatever; 
or any part thereof; unless such debt or liability shall 
have been created to repel invasion, suppress insur- 
rection, or to provide for the public welfare and 
defense. Nor shall the indebtedness of any corpor- 
ation to the state ever be released, or in any manner 
discharged save by payment into the public treasury. 

ARTICLE XIII. 

COUNTIES, COUXTY SEATS, AND COUNTY LINES. 
Minimum limits of counties prescribed. — Exceptions. 

Section i. No county now established shall be re- 
duced to an area of less than six hundered square miles 
nor to less than five thousand inhabitants; nor shall 
any new county be established with less than six hun- 
dred square miles and five thousand inhabitants: Pro- 
vided, that this section shall not apply to the counties 
of Lafayette, Pope, and Johnson, nor be so construed 
as to prevent the General Assembly from changing the 
line between the counties of Pope and Johnson. 

Consent of voters of territory affected, requisite to change of county lines. 

Sec. 2. No part of a county shall be taken off to 
form a new county, or a part thereof, without the con- 
sent of a majority of the voters in such part proposed 
to be taken off. 



196 CONSTITUTION OF ARKANSAS. 

Changes of county seats, — County seats of new counties. 

Sec. 3. No county seat shall be established or 
changed without the consent of a majority of the quali- 
fied voters of the county to be affected by such change, 
nor until the place at which it is proposed to establish 
or change such county seat shall be fully designated: 
Provided, that, in formation of new counties, the county 
seat may be located temporarily by provisions of law. 

Lines of new counties. 

Sec. 4. In the formation of new counties, no line 
thereof shall run withm ten miles of the county seat of 
the couaty proposed to be divided, except the county 
seat of Lafayette county. 

Division of Sebastian county into two districts. 

Sec. 5. Sebastian county may have two districts, and 
two county seats at which county, probate, and circuit 
courts shall be held as may be provided by law, each 
district paying its own expenses. 

ARTICLE XIV. 

EDUCATION. 
Free school system. 

Section i. Intelligence and virtue being the safe- 
guards of liberty, and the bulwark of a free and good 
government, the state shall ever maintain a general, 
suitable, and efficient system of free schools, whereby 
all persons in the state, between the ages of six 
and twenty-one years, may receive gratuitous in- 
struction. 

School funds to be used exclusively for purposes for which set apart. 

Sec. 2. No money or property belonging to the pub- 
lic school fund, or to this state, for the benefit of 



COXSTITUTION OF ARKANSAS. 197 

schools or universities, shall ever be used for any 
other than for the respective purposes to which it 
belongs. 

State school tax. — Poll tax for school fund. — School district tax. 

Sec. 3. The General Assembly shall provide, by gen- 
eral laws, for the support of common schools by taxes, 
which shall never exceed in any one year two mills on 
the dollar on the taxable property of the state; and by 
an annual per capita tax of one dollar, to be assessed 
on every male inhabitant of this state over the age of 
twenty-one years: Provided, th^ General Assembly 
may, by general law, authorize school districts to levy, 
by a vote of the qualified electors of such district, a 
tax not to exceed \\\^ mills on the dollar in any one 
year for school purposes; Provided, further, that no 
such tax shall be appropriated to any other purpose, 
nor to any other district than that for which it was 
levied. 

Supervision of public schools, etc. 

Sec. 4. The supervision of public schools, and the 
execution of the laws regulating the same, shall be 
vested in, and confided to, such officers as may be pro- 
vided for by the General Assembly. 

ARTICLE XV. 

IMPEACHMENT AND ADDRESS. 
Impeachments, — Judgment. 

Section i. The governor and all state officers, judges 
of the supreme and circuit courts, chancellors, and 
prosecuting attorneys, shall be liable to impeachment 
for high crimes and misdemeanors, and gross miscon- 
duct in office; but the judgment shall go no further 



198 CONSTITUTION OF ARKANSAS. 

than removal from office and disqualification to hold 
any office of honor, trust, or profit under this state. 
An impeachment, whether successful or not, shall be 
no bar to an indictment. 

Power of impeachment. — Trial. 

Sec. 2. The House of Representatives shall have the 
sole power of impeachment. All impeachments shall 
be tried by the Senate. When sitting for that purpose, 
the senators shall be upon oath or affirmation; no per- 
son shall be convicted without the concurrence of two 
thirds of the members thereof. The chief justice shall 
preside, unless he is impeached or otherwise disquali- 
fied, when the Senate shall select a presiding officer. 

Removal upon address. 

Sec. 3. The governor, upon the joint address of two 
thirds of the members elected to each house of the 
General Assembly, for good cause, may remove the 
auditor, treasurer, secretary of state, attorney-general, 
judges of the supreme and circuit courts, chancellors, 
and prosecuting attorneys. 

ARTICLE XVI. 

FINANCE AND TAXATION. 

Loan of public credit, and issue of interest-bearing evidences of public indebt- 
edness, except to pay present debt, prohibited. 

Section i. Neither the state, nor any city, county, 
town, or other municipality in this state shall ever loan 
its credit for any purpose whatever. Nor shall any 
county, city, town, or municipality ever issue any 
interest-bearing evidences of indebtedness; except 
such bonds as may be authorized by law to provide for, 
and secure the payment of, the present existing in- 



CONSTITUTION OF ARKANSAS. 199 

debtedness. And the state shall never issue any 
interest-bearing treasury warrants or scrip. 

Payment of state debt. 

Sec. 2. The General Assembly shall, from time to 
time, provide for the payment of all just and legal 
debts of the state. 

Misappropriation of public moneys. 

Sec. 3. The making of profit out of public moneys 
or using the same for any purpose not authorized by 
law, by any officer of the state or member or officer of 
the General Assembly, shall be punishable as may be 
provided by law; but part of such punishment shall be 
disqualification to hold office in this state for a period 
of five years. 

Salaries and fees. — Clerks, etc., of departments of state. 

Sec. 4. The General Assembly shall fix the salaries 
and fees of all officers in the state; and no greater 
salary or fee than that fixed by law shall be paid to 
any officer, employee, or other person, or at any rate 
other than par value; and the number and salaries of 
the clerks and employees of the different departments 
of the state shall be fixed by law. 

Uniform rule of taxation. — Taxation of privileges, etc. — Property exempt 
from taxation. 

Sec. 5. All property subject to taxation shall be 
taxed according to its value; that value to be ascer- 
tained in such manner as the General Assembly shall 
direct, making the same equal and uniform throughout 
the state. No one species of property from which 
a tax may be collected shall be taxed higher than 
another species of property of equal value: Provided, 
the General Assembly shall have power, from time to 



200 CONSTITUTION OF ARKANSAS, 

time, to tax hawkers, peddlers, ferries, exhibitions, and 
privileges, in such manner as may be deemed proper: 
Provided, further, that the following property shall be 
exempt from taxation: Public property used exclu- 
sively for public purposes; churches used as such; 
cemeteries used exclusively as such; school buildings 
and apparatus; libraries and grounds used exclusively 
for school purposes; and buildings and grounds and 
materials used exclusively for public charity. 

Exemption by statutory enactment, void 

Sec. 6. All laws exempting property from taxation, 
other than as provided in this Constitution shall be 
void. 

Taxation of corporate property. 

Sec. 7. The power to tax corporations and corporate 
property shall not be surrendered or suspended by 
any contract or grant to which the state may be a party. 

Maximum rate of state taxes. 

Sec. 8. The General Assembly shall not have power 
to levy state taxes for any one year to exceed, in the 
aggregate, one per cent of the assessed valuation of 
the property of the state for that year. 

Maximum rate of county taxes. 

Sec. 9. No county shall levy a tax to exceed one half 
of one per cent for all purposes; but may levy an 
additional one half of one per cent to pay indebted- 
ness existing at the time of the ratification of this 
Constitution. 

County and municipal taxes, in wliat payable. 

Sec. 10. The taxes of counties, towns, and cities 
shall only be payable in lawful currency of the United 



CONS TI T U TIO.V OF A RICA iVSA S. 20 1 

States, or the orders or warrants of said counties, 
towns, and cities respectively. 

Levy and specific appropriation of taxes. 

Sec. II. No tax shall be levied except in pursuance 
of law; and every law imposing a tax shall state dis- 
tinctly the object of the same; and no moneys arising 
from a tax levied for one purpose shall be used for any 
other purpose. 

Disbursements. 

Sec. 12. No money shall be paid out of the treasury 
until the same shall have been appropriated by law, 
and then only in accordance with said appropriation. 

Right of citizen to sue in behalf of inhabitants of county or municipality. 

Sec. 13. Any citizen of any county, city, or town may 
institute suit, in behalf of himself and all others inter, 
ested, to protect the inhabitants thereof against the 
enforcement of any illegal exactions w^hatever. 

ARTICLE XVII. 

RAILROADS, CANALS, AND TURNPIKES. 

Railroads, etc., public highways. — Transportation companies common car- 
riers. — Right to construct railroads. — Intersection and connection of 
railroads. 

Section i. All railroads, canals, and turnpikes shall 
be public highways, and all railroads and canal com- 
panies shall be common carriers. Any association or 
corporation, organized for the purpose, shall have the 
right to construct and operate a railroad betw^een any 
points within this state, and to connect at the state 
line with railroads of other states. Every railroad 
company shall have the right with its road to intersect, 
connect with, or cross any other road, and shall re- 



202 CONSTITUTION OF ARKANSAS. 

ceive and transport, each the other's passengers, ton- 
nage, and cars, loaded or empty, without delay or 
discrimination. 

Transportation companies to maintain office in state. — Transfers of stock. — 
Books. 

Sec. 2. Every railroad, canal, or turnpike corpora- 
tion operated or partly operated in this state, shall 
maintain one office therein, where transfers of its 
stock shall be made and where its books shall be kept 
for inspection by any stockholder or creditor of such 
corporation; in which shall be recorded the amount of 
capital stock subscribed or paid in and the amounts 
owned by them respectively, the transfers of said stock 
and the names and places of residence of the officers. 

Equal right to transportation. — Regulation of charges. 

Sec. 3. All individuals, associations, and corporations 
shall have equal right to have persons and property 
transported over railroads, canals, and turnpikes; and 
no undue or unreasonable discrimination shall be made 
in charges for or in facilities for transportation of 
freight or passengers within the state, or coming from 
or going to any other state. Persons and property 
transported over any railroad shall be delivered at any 
station, at charges not exceeding the charges for trans- 
portation of persons and property of the same class 
in the same direction to any more distant station. But 
excursion and commutation tickets may be issued at 
special rates. 

Parallel or competing lines of transportation not to be consolidated, or con- 
trolled by same parties. 

Sec. 4. No railroad, canal, or other corporation, or 
the lessees, purchasers, or managers of any railroad, 
canal, or corporation shall consolidate the stock, prop- 



CONSTITUTION OF ARKANSAS. 203 

erty, or franchises of such corporation with, or lease or 
purchase the works or franchises of, or in any way con- 
trol, any other railroad or canal corporation owning 
or having under its control a parallel or competing 
line; nor shall any officer of such railroad or canal cor- 
poration act as an officer of any other railroad or canal 
corporation owning or having control of a parallel or 
competing line; and the question whether railroads or 
canals are parallel or competing lines shall, when 
demanded by the party complainant, be decided by 
a jury as in other civil issues. 

Prohibitions upon officers, etc., of transportation companies. 

Sec. 5. No president, director, officer, agent, or em- 
ployee of any railroad or canal company shall be in- 
terested, directly or indirectly, in the furnishing of 
materials or supplies to such company ; or in the busi- 
ness of transportation as a common carrier of freight 
or passengers over the works owned, leased, controlled, 
or worked by such company; nor in any arrangement 
which shall afford more advantageous terms or greater 
facilities than are offered or accorded to the public. 
And all contracts and arrangements in violation of this 
section shall be void. 

Discrimination of charges between transportation companies and individuals, 
or in furnishing cars or motive power, prohibited. 

Sec. 6. No discrimination, in charges or facilities for 
transportation, shall be made between transportation 
companies and individuals, or in favor of either by 
abatement, drawback, or otherwise; and no railroad 
or canal company, or any lessee, manager, or employee 
thereof shall make any preferences in furnishing cars 
or motive power. 



204 CONSriTUriON OF ARKANSAS, 

General Assembly to prevent grant of free passes to officers of the state. 

Sec. 7. The General Assembly shall prevent by law 
the granting of free passes by any railroad or trans- 
portation company to any officer of this state, legisla- 
tive, executive, or judicial. 

Condition of remission of forfeiture of charter, or legislation favorable to 
corporations. 

Sec. 8. The General Assembly shall not remit the 
forfeiture of the charter of any corporation now exist- 
ing, or alter or amend the same, or pass any general 
or special law for the benefit of such corporation, ex- 
cept on condition that such corporation shall thereafter 
hold its charter subject to the provisions of this Con- 
stitution. 

Eminent domain over property of corporations. 

Sec. 9. The exercise of the right of eminent domain 
shall never be abridged or so construed as to prevent 
the General Assembly from taking the property and 
franchises of incorporated companies and subjecting 
them to public use, the same as the property of 
individuals. 

Legislation to correct abuses by transportation companies. 

Sec. 10. The General Assembly shall pass laws to 
correct abuses and prevent unjust discrimination and 
excessive charges by railroad, canal, and turnpike com- 
panies, for transporting freight and passengers, and 
shall provide for enforcing such laws by adequate 
penalties and forfeitures. 

Movable property of railroad corporations personal property, and not to 
be exempted from execution. 

Sec. II. The rolling stock and all other movable 
property belonging to any railroad company or corpora- 
tion in this state shall be considered personal property 



COXSTITUTIOX OF ARKANSAS, 205 

and shall be liable to execution and sale, in the same 
manner as the personal property of individuals; and 
the General Assembly shall pass no law exempting an); 
such property from execution and sale. 

Damages, by railroads, to person and property. 

Sec. 12. All railroads which are now or may be here- 
after built and operated either in whole or in part in 
this state, shall be responsible for all damages to per- 
sons and property, under such regulations as may be 
prescribed by the General Assembly. 

Annual report of railroad companies to auditor. 

Sec. 13. The directors of every railroad corporation 
shall annually make a report under oath to the auditor 
of public accounts, of all of their acts and doings, which 
report shall include such matters relating to railroads 
as may be prescribed by law, and the General Assembly 
shall pass laws enforcing, by suitable penalties, the pro- 
visions of this section. 

ARTICLE XVIII. 

JUDICIAL CIRCUITS. 
Judicial circuits. — Terms of circuit courts. 

Until otherwise provided by the General Assembly, 
the judicial circuits shall be composed of the follow- 
ing counties: 

First — Phillips, Lee, St. Francis, Prairie, Woodruff, 
White, and Monroe. Second — Mississippi, Critten- 
den, Cross, Poinsett, Craighead, Greene, Clayton, and 
Randolph. Third — Jackson, Independence, Law- 
rence, Sharp, Fulton, Izard, Stone, and Baxter. 
Fourth — Marion, Boone, Searcy, Newton, Madison, 
Carroll, Benton, and, Washington. Fifth — Pope, 



2O0 CONSTITUTION OF ARKANSAS, 

Johnson, Franklin, Crawford, Sebastian, Sarber, and 
Yell. Sixth — Lonoke, Pulaski, Van Buren, and 
Faulkner. Seventh — Grant, Hot Springs, Garland, 
Perry, Saline, and Conway. Eighth — Scott, Mont- 
gomery, Polk, Howard, Sevier, Little River, Pike, 
and Clark. Ninth — Hempstead, Lafayette, Nevada, 
Columbia, Union, Ouachita, and Calhoun. Tenth — 
Chicot, Drew, Ashley, Bradley, Dorsey, and Dallas. 
Eleventh — Desha, Arkansas, Lincoln, and Jefferson. 
Until otherwise provided by the General Assembly, 
the circuit courts shall be begun and held in the several 
counties as follows: 

First Circuit. 

White — First Monday in February and August. 
Woodruff — Third Monday in February and August. 
Prairie — Second Monday after the third Monday in 
February and August. Monroe — Sixth Monday after 
third Monday in February and August. St. Francis — 
Eight(h) Monday after the third Monday in February 
and August. Lee — Tenth Monday after the third 
Monday in February and August. Phillips — Twelfth 
Monday after the third Monday in February and 
August. 

Second Circuit. 

Mississippi — First Monday in March and Septem- 
ber. Crittenden — Second Monday in March and 
September. Cross — Second Monday after the second 
Monday in March and September, Poinsett — Third 
Monday after the second Monday in March and Sep- 
tember. Craighead — Fourth Monday after the sec- 
ond Monday in March and September. Greene — 
Sixth Monday after the second Monday in March and 



COXSTITUTION OF ARKAXSAS. 207 

September. Clayton — Seventh Monday after the 
second Monday in March and September. Ran- 
dolph — »- Ninth Monday after the second Monday in 
March and September. 

Third Circuit. 
Jackson — First Monday in March and September. 
Lawrence — Fourth Monday in March and September. 
Sharp — Second Monday after the fourth Monday in 
March and September. Fulton — Fourth Monday 
after the fourth Monday in March and September. 
Baxter — Sixth Monday after the fourth Monday in 
March and September. Izard — Seventh Monday 
after the fourth Monday in March and September. 
Stone — Ninth Monday after the fourth Monday in 
March and September. Independence — Tenth Mon- 
day after the fourth Monday in March and September. 

Fourth Circuit. 
Marion — Second Monday in February and August. 
Boone — Third Monday in February and August. 
Searcy — Second Monday after the third Monday in 
February and August. Newton — Third Monday after 
the third Monday in February and August. Carroll — 
Fourth Monday after the third Monday in February 
and August. Madison — Fifth Monday after the third 
Monday in February and August. Benton — Sixth 
Monday after the third Monday in February and 
August. Washington — Eighth Monday after the 
third Monday in February and August. 

Fifth Circuit. 
Greenwood district, Sebastian county, — Third Mon- 
day in February and August. Fo[uJrt[h] Smith dis- 



2o8 CONSTITUTION OF ARKANSAS, 

trict, Sebastian county — First Monday after the 
fourth Monday in February and August. Crawford 
county — Fourth Monday after the fourth Monday in 
February and August. Franklin county — Sixth Mon- 
day after the fourth Monday in February and August. 
Sarber county — Eighth Monday after the fourth 
Monday in February and August. Yell county — 
Tenth Monday after the fourth Monday in February 
and August. Pope county — Twelfth Monday after 
the fourth Monday in February and August. Johnson 
county — Fourteenth Monday after the fourth Mon- 
day in February and August. 

Sixth Circuit. 

In the county of Pulaski on the first Monday in 
February, and continue twelve weeks if the business 
of said court require it. In the county of Lonoke, on 
the first Monday succeeding the Pulaski court, and 
continue two weeks if the business of said court require 
it. In the county of Faulkner, on the first Monday 
after the Lonoke court, and continue two weeks if the 
business of said court require it. In the county of 
Van Buren, on the first Monday after the Faulkner 
court, and continue two weeks if the business of said 
court require it. 

Fall Term, Sixth Circuit. 
In the county of Pulaski on the first Monday in Oc- 
tober, and continue seven weeks if the business of said 
court require it. In the county of Lonoke, on the first 
Monday next after the Pulaski court and continue two 
weeks if the business of said court require it. In the 
county of Faulkner, on the first Monday after the 



COXSTITUTION OF ARKANSAS, 209 

Lonoke court, and continue one week if the business 
of said court require it. In the county of Van Buren, 
on the first Monday after the Faulkner court, and con- 
tinue one week if the business of said court require it. 

Seventh Circuit. 

Hot Springs, — Second Monday in March and Sep- 
tember. Grant — Third Monday in March and 
September. Saline — Fourth Monday in March and 
September. Conway — Second Monday after fourth 
Monday in March and September. Perry — Fourth 
Monday after the fourth Monday in March and Septem- 
ber. Garland — Fifth Monday after the fourth Mon- 
day in March and September. 

Eighth Circuit. 

Montgomery — First Monday in February and Au- 
gust. Scott — First Monday after the first Monday 
in February and August. Polk — Second Monday 
after the first Monday in February and August. Sev- 
ier — Third Monday after the first Monday in Febru- 
ary and August. Little River — Fifth Monday after 
the first Monday in February and August. Howard — 
Seventh Monday after the firsc Monday in February 
and August. Pike — Eighth Monday after the first 
Monday in February and August. Clark — Ninth 
Monday after the first Monday in February and August. 

Ninth Circuit. 

Calhoun — First Monday in March and September. 
Union — Second Monday after the first Monday in 
March and September. Columbia — Fourth Monday 
after the first Monday in March and September. 

ARK. AND THE NAT, — I4 



2IO CONSTITUTION OF ARKANSAS, 

Lafayette — Sixth Monday after the first Monday in 
March and September. Hempstead — Eighth Mon- 
day after the first Monday in March and September. 
Nevada — Eleventh Monday after the first Monday in 
March and September. Ouachita — Thirteenth Mon- 
day after the first Monday in March and September. 

Tenth Circuit. 

Dorsey — Third Monday in February and August. 
Dallas — First Monday in March and September. 
Bradley — Second Monday in March and September. 
Ashley — Third Monday in March and September. 
Drew — Second Monday after the third Monday in 
March and September. Chicot — Fourth Monday 
after the third Monday in March and September. 

Eleventh Circuit. 

In the county of Desha on the first Monday in March 
and September. In the county of Arkansas on the 
fourth Monday in March and September. In the 
county of Lincoln on the third Monday after the fourth 
Monday in March and September. In the county of 
Jefferson on the sixth Monday after the fourth Mon- 
day in March and September. 

ARTICLE XIX. 

MISCELLANEOUS PROVISIONS. 
Disqualifications of atheists. 

Section i. No person who denies the being of a God 
shall hold any office in the civil departments of this 
state, nor be competent to testify as a witness in any 
court. 



CONSTITUTION OF ARKANSAS, 2ii 

Dueling. 

Sec. 2. No person who may hereafter fight a duel, 
assist in the same as second, or send, accept, or know- 
ingly carry a challenge therefor, shall hold any office 
in the state, for a period of ten years; and may be 
otherwise punished as the law may prescribe. 

Electors, only, qualified for office. 

Sec. 3. No person shall be elected to, or appointed 
to fill a vacancy in, any office, who does not possess the 
qualifications of an elector. 

Residence, etc., of officers. 

Sec. 4. All civil officers for the state at large shall 
reside within the state, and all district, county, and 
township officers within their respective districts, 
counties, and townships; and shall keep their offices at 
such places therein as are now, or may hereafter be, 
required by law. 

Officers to continue in office till qualification of successors. 

Sec. 5. All officers shall continue in office after the 
expiration of their official terms, until their successors 
are elected and qualified. 

Plurality of offices. 

Sec. 6. No person shall hold, or perform the duties 
of, more than one office in the same department of the 
government, at the same time, except as expressly 
directed or permitted by this Constitution. 

Forfeiture of residence. 

Sec. 7. Absence on business of the state or of the 
United States, or on a visit, or on necessary private 
business, shall not cause a forfeiture of residence once 
obtained. 



212 CONSTITUTION OF ARKANSAS, 

Deductions from salaries of officers. 

Sec. 8. It shall be the duty of the General Assembly 
to regulate by law in what cases and what deductions 
from the salaries of public officers shall be made for 
neglect of duty in their official capacity. 

Creation of permanent state offices prohibited. 

Sec. 9. The General Assembly shall have no power 
to create any permanent state office, not expressly pro- 
vided for by this Constitution. 

Returns of elections, to whom made. 

Sec. 10. Returns for all elections for officers who 
are to be commissioned by the governor and for mem- 
bers of the General Assembly, except as otherwise 
provided by this Constitution, shall be made to the 
secretary of state. 

Salaries of state officers. — Fees pertaining to state offices. — Maximum salaries 
of state officers. — Increase of salaries of members of General Assembly. 

Sec. II. The governor, secretary of state, auditor, 
treasurer, attorney-general, judges of the supreme 
court, judges of the circuit court, commissioner of 
state lands, and prosecuting attorneys shall each receive 
a salary to be established by law, which shall not be 
increased or diminished during their respective terms, 
nor shall any of them, except the prosecuting at- 
torneys, after the adoption of this Constitution, receive 
to his own use any fees, costs, perquisites of office, or 
other compensation; and all fees that may hereafter be 
payable by law for any service performed by any offi- 
cer mentioned in this section, except prosecuting 
attorneys, shall be paid in advance into the state 
treasury: Provided, that the salaries of the respective 
officers herein mentioned shall never exceed per annum ; 



COXSTITUTION OF ARKANSAS. 213 

For governor the sum of $4,000; for secretary of 
state the sum of §2,500; for treasurer the sum of 
$3,000 ; for auditor the sum of §3,000 ; for attorney-gen- 
eral the sum of §2,500; for commissioner of state 
lands the sum of §2,500; for judges of the supreme 
court, each the sum of §4,000; for judges of the circuit 
courts and chancellors, each the sum of §3,000; for 
prosecuting attorney the sum of §400. 

And provided further, that the General Assembly 
shall provide for no increase of salaries of its mem- 
bers which shall take effect before the meeting of the 
next General Assembly. 

Publication of receipts and expenditures of public money. 

Sec. 12. An accurate and detailed statement of the 
receipts and expenditures of the public money, the 
several amounts paid, to whom and on what account, 
shall, from time to time, be published as may be pre- 
scribed by law. 

Usury. — Rate of interest. 

Sec. 13. All contracts for a greater rate of interest 
than ten per centum per annum shall be void, as to 
principal and interest, and the General Assembly shall 
prohibit the same by law; but when no rate of interest 
is agreed upon, the rate shall be six per centum per 
annum. 

Lotteries prohibited. 

Sec. 14. No lottery shall be authorized by this state, 
nor shall the sale of lottery tickets be allowed. 

Contracts for stationery, fuel, printing, furniture, etc., for state government. 

Sec. 15. All Stationery, printing, paper, fuel, for the 
use of the General Assembly and other departments 
of government, shall be furnished, and the printing, 



214 CONSTITUTION OF ARKANSAS, 

binding, and distributing of the laws, journals, depart- 
ment reports, and all other printing and binding, and 
the repairing and furnishing the halls and rooms for 
the meetings of the General Assembly and its commit- 
tees, shall be performed under contract, to be given to 
the lowest responsible bidder, below such maximum 
price and under such regulations as shall be prescribed 
by law. No member or officer of any department of 
the government shall in any way be interested in 
such contracts, and all such contracts shall be sub- 
ject to the approval of the governor, auditor, and 
treasurer. 

Contracts for public buildings and bridges, and care of paupers. 

Sec. i6. All contracts for erecting or repairing public 
buildings or bridges in any county, or for materials 
therefor, or, for providing for the care and keeping 
of paupers, where there are no almshouses, shall be 
given to the lowest responsible bidder, under such 
regulations as may be provided by law. 

Revision, publication, etc., of laws. 

Sec. 17. The laws of this state, civil and criminal, 
shall be revised, digested, arranged, published, and 
promulgated at such times, and in such manner as the 
General Assembly may direct. 

Security of miners and travellers. 

Sec. 18. The General Assembly, by suitable enact- 
ments, shall require such appliances and means to be 
provided and used, as may be necessary to secure, as 
far as possible, the lives, health, and safety of persons 
employed in mining, and of persons traveling upon 
railroads and by other public conveyances; and shall 



COXS TI TU TlOy OF A RKA NSA S. 215 

provide for enforcing such enactments by adequate 
pains and penalties. 

Education of deaf and dumb, blind, and insane. 

Sec. 19. It shall be the duty of the General Assem- 
bly to provide, by law, for the support of institutions 
for the education of the deaf and dumb, and of the 
blind; and also for the treatment of the insane. 

Oath of office. 

Sec. 20. Senators and representatives and all judicial 
and executive, state and county officers, and all other 
officers, both civil and military, before entering on the 
duties of their respective offices shall take and sub- 
scribe to the following oath or affirmation: '' I 

do solemly swear (or affirm) that I will support the 
Constitution of the United States, and the Constitution 
of the State of Arkansas, and that I will faithfully dis- 
charge the duties of the office of upon w^hich I am 

now about to enter." 

Sureties upon official bonds. 

Sec. 21. The sureties upon the official bonds of all 
state officers shall be residents of, and have sufficient 
property within, the state, not exempt from sale under 
execution, attachment, or other process of any court, 
to make good their bonds; and the sureties upon the 
official bonds of all county officers shall reside within 
the counties w^here such officers reside, and shall have 
sufficient property therein, not exempt from such sale, 
to make good their bonds. 

Amendments to Constitution, how originated. — To be published, and sub- 
mitted to the people. — Not more than three to be proposed or submitted 
at same time. — Separate ratification of each. 

Sec. 22. Either branch of the General Assembly, at 



2i6 CONSTITUTION OF ARKANSAS. 

a regular session thereof, may propose amendments to 
this Constitution; and if the same be agreed to by a 
majority of all the members elected to each house, 
such proposed amendments shall be entered on the 
journals with the yeas and nays, and published in at 
least one newspaper in each county, where a newspaper 
is published, for six months immediately preceding 
the next general election for senators and representa- 
tives, at which time the same shall be submitted to the 
electors of the state, for approval or rejection; and if 
a majority of the electors voting at such election adopt 
such amendments, the same shall becom_e a part of this 
Constitution. But no more than three am_endments 
shall be proposed or submitted at the same time. They 
shall be so submitted as to enable the electors to vote 
on each amendment separately. 

Maximum of officers' salary and fees. — Disposition of excess received. 

Sec. 23. No officer of this state, nor of any county, 
city, or town, shall receive directly or indirectly for 
salary, fees, and perquisites more than five thousand 
dollars net profits per annum in par funds, and any 
and all sums in excess of this amount shall be paid 
into the state, county, city, or town treasury, as shall 
hereafter be directed by appropriate legislation. 

Contested elections not herein specifically provided for. 

Sec. 24. The General Assembly shall provide by law 
the mode of contesting elections in cases not specifi- 
cally provided for in this Constitution. 

Seal of the state. 

Sec. 25. The present seal of the state shall be and 
remain the seal of the state of Arkansas until other- 



COXSTITUTION' OF ARKAXSAS. 217 

wise provided by law and shall be kept and used as 
provided in this Constitution. 

Officers eligible to executive and judicial office. 

Sec. 26. Militia officers, officers of the public schools, 
and notaries may be elected to fill any executive or 
judicial office. 

Assessments on real property, for local improvements, in towns and cities. 

Sec. 27. Nothing in this Constitution shall be so 
construed as to prohibit the General Assembly from 
authorizing assessments on real property for local im- 
provements, in towns and cities under such regulations 
as maybe prescribed by-law; to be based upon the 
consent of a majority in value of the property hold- 
ers owning property adjoining the locality to be 
affected. But such assessments shall be ad valorem 
and uniform. 

SCHEDULE. 

Retention of existing laws. — Effect of exemption laws in force at adoption 
of Constitution of i868. — Distinction between sealed and unsealed instru- 
ments. 

Section i. All laws now in force, which are not in con- 
flict or inconsistent with this Constitution, shall con- 
tinue in force until amended or repealed by the General 
Assembly, and all laws exempting property from sale 
on execution or by decree of a court, which were in 
force at the time of the adoption of the Constitution 
of 1868, shall remain in force with regard to contracts 
made before that time. Until otherwise provided by 
law, no distinction shall exist between sealed and un- 
sealed instruments, concerning contracts between 
individuals, executed since the adoption of the Con- 
stitution of 1868: Provided, that the statutes of limita- 



2i8 CONSTITUTION OF ARKANSAS. 

tion with regard to sealed and unsealed instruments in 
force at that time continue to apply to all instruments 
afterwards executed, until altered or repealed. 

Competency of witnesses. 

Sec. 2. In civil actions, no witness shall be excluded 
because he is a party to the suit, or interested in the 
issue to be tried: Provided, that in actions by or against 
executors, administrators, or guardians, in which judg- 
ment may be rendered for or against them, neither 
party shall be allowed to testify against the other as to 
any transactions with, or statements of, the testator, 
intestate, or ward, unless called to testify thereto by 
the opposite party: Provided, further, that this section 
may be amended or repealed by the General Assembly. 

First general election for officers, and election for submission of Constitution 
to the people. 

Sec. 3. An election shall be held at the several 
election precincts of every county of the state, on Tues- 
day, the 13th day of October, 1874, for governor, secre- 
tary of state, auditor, treasurer, attorney-general, 
commissioner of state lands for two, years, unless the 
office is sooner abolished by the General Assembly, 
chancellor, and clerk of the separate chancery court 
of Pulaski county, chief justice and two associate jus- 
tices of the supreme courts, a circuit judge and prose- 
cuting attorney for each judicial circuit provided for in 
this Constitution, senators and representatives to the 
General Assembly, all county and township officers 
provided for in this Constitution; and also for the sub- 
mission of this Constitution to the qualified electors of 
the state, for its adoption or rejection. 



CONSTITUTION OF ARKANSAS. 219 

Qualifications of voters thereat. 

Sec. 4. The qualification of voters at the election to 
be held as provided in this Schedule shall be the same 
as is now prescribed by law. 

Notice thereof. 

Sec. 5. The state board of supervisors hereinafter 
mentioned shall give notice of said election imme- 
diately after the adoption of this Constitution by this 
convention, by proclamation in at least two newspapers 
published at Little Rock, and such other newspapers as 
they may select. And each county board of supervisors 
shall give public notice, in their respective counties, 
of said election, immediately after their appointment. 

Governor's proclamation enjoining good order at such election. 

Sec. 6. The governor shall also issue a proclamation 
enjoining upon all peace officers the duty of preserving 
good order on the day of said election, and preventing 
any disturbance of the same. 

State board of supervisors of election, — Vacancies therein. 

Sec. 7. Augustus H. Garland, Gordon N. Peay, and 
Dudley E. Jones are hereby constituted a state board 
of supervisors of said election, who shall take an oath 
faithfully and impartially to discharge the duties of 
their office, a majority of whom shall be a quorum, and 
who shall perform the duties herein assigned them. 
Should a vacancy occur in said board by refusal to 
serve, death, removal, resignation, or otherwise, or if 
any member should become incapacitated from perform- 
ing said duties, the remaining members of the board 
shall fill the vacancy by appointment. But if all the 
places on said board become vacant at the same time, 



220 CONSTITUTION OF ARKANSAS, 

the said vacancies shall be filled by the president of 
this convention. 

County boards of election supervisors. — Vacancies therein. 

Sec. 8. Said state board shall at once proceed to 
appoint a board of election supervisors for each county 
of this state, consisting of three men of known intelli- 
gence and uprightness of character, who shall take the 
same oath as above provided for the state board. 
A majority of each board shall constitute a quorum, 
and shall perform the duties herein assigned to them; 
and vacancies occurring in the county boards shall be 
filled by the state board. 

Poll books and ballot boxes for the election. 

Sec. 9. The state board shall provide the form of 
poll books, and each county board shall furnish the 
judges of each election precinct with three copies of 
the poll books in the form prescribed; and with ballot 
boxes, at the expense of the county. 

Distribution, to officers of the election, of copies of the Constitution. 

Sec. 10. The state board of supervisors shall cause 
to be furnished, in pamphlet form, a sufficient number 
of copies of this Constitution to supply each county 
supervisor and judge of election with a copy; and shall 
forward the same to the county election boards for 
distribution. 

Judges of the election and election clerks. — Cases of absence of judges of the 
election from the polls. 

Sec. II. The boards of county election supervisors 
shall at once proceed to appoint three judges of election 
for each election precinct in their respective counties 
and the judges shall appoint three election clerks for 
their respective precincts, all of whom shall be good, 



CONSTITUTION OF ARKANSAS. 221 

competent men, and take an oath as prescribed above. 
Should the judges of any election precinct fail to attend 
at the time and place provided by law, or decline to 
act, the assembled electors shall choose competent 
persons, in the manner provided by law, to act in their 
place, who shall be sworn as above. 

Conduct of the election.— Qualifications of voters, how decided.— Registration. 

Sec. 12. Said election shall be conducted in accord- 
ance with existing laws except as herein provided. As 
the electors present themselves at the polls to vote, 
the judges of the election shall pass upon their qualifi- 
cations, and the clerks of the election shall register 
their names on the poll books, if qualified; and such 
registration by said clerks shall be a sufiicient registra- 
tion in conformity with the Constitution of this state, 
and then their votes shall be taken. 

Style of ballot. 

Sec. 13. Each elector shall have written or printed 
on his ticket ** For Constitution " or " Against Consti- 
tution " and also the offices and the names of the candi- 
dates for the offices, for whom he desires to vote. 

Deposit of tickets. — Elector to vote onl}- in township or ward of residence. — 
Numbering of tickets. 

Sec. 14. The judges shall deposit the tickets in the 
ballot box; but no elector shall vote outside of the 
township or ward in which he resides. The names of 
the electors shall be numbered, and the corresponding 
numbers shall be placed on the ballots by the judges 
when deposited. 

Drinking houses to be closed on day of the election. — Sale or gift of intoxicat- 
ing liquor prohibited. 

Sec. 15. All dram shops and drinking houses in this 
State shall be closed during the day of said election, 



222 CONSTITUTION OF ARKANSAS. 

and the succeeding night; and any person selling or 
giving away intoxicating liquors during said day or 
night shall be punished by fine not less than two hun- 
dred dollars, for each and every offence, or imprisoned 
not less than six months, or both. 

Hours of voting, — Counting of ballots. — Disposition of returns. — Copies of 
abstract of returns, ballots, and poll books, where filed. 

Sec. i6. The polls shall be opened at eight o'clock 
in the forenoon, and shall be kept open until sunset. 
After the polls are closed the ballots shall be counted 
by the judges at the place of voting, as soon as the 
polls are closed, unless prevented by violence or acci- 
dent; and the results by them certified on the poll 
books, and the ballots sealed up. They shall be 
returned to the county board of election supervisors, 
who shall proceed to cast up the votes and ascertain 
and state the number of votes cast for the Constitu- 
tion, and the number cast against the Constitution, 
and also the number of votes cast for each candidate 
voted for, for any office; and shall forthwith forward 
to the state board of supervisors, duly certified by 
them, one copy of the statement or abstracts of the 
votes so made out by them, retain one copy in their 
possession, and file one copy in the office of the county 
clerk, where they shall also deposit for safe keeping 
the ballots sealed up, and one copy of the poll books, 
retaining possession of the other copies. 

Ascertainment and publication of result of election on adoption of Consti- 
tution. — Constitution, if adopted, in force from date of such publica- 
tion. — Abstract of returns of the election, to be filed with secretary of 
state. — List of members of General Assembly, elect, to be certified to 
General Assembly. — Abstract of returns of election of state officers to 
be certified to speaker of House of Representatives, and the result by 
him announced. — State officers elected, when to enter upon their duties. 

Sec, 17. The state board of supervisors shall at once 



COXSTITUTION OF ARKANSAS. 223 

proceed, on receiving such returns from the county 
board, to ascertain therefrom and state the whole num- 
ber of votes given for the Constitution and the whole 
number given against it: and if a majority of all votes 
cast be in favor of the Constitution, they shall at once 
make public that fact by publication in two or more of 
the leading newspapers published in the city of Little 
Rock, and this Constitution from that date shall be 
in force; and they shall also make out and file in the 
office of secretary of state an abstract of all the votes 
cast for the Constitution and all the votes cast against 
it; and also an abstract of all votes cast for every candi- 
date voted for at the election, and file the same in the 
office of the secretary of state, showing the candidates 
elected. They shall also make out and certify, and 
lay before each house of the General Assembly, a list 
of the members elected to that house; and shall also 
make out, certify, and deliver to the speaker of the 
House of Representatives, an abstract of all votes cast 
at the election for any and all persons for the office of 
governor, secretary of state, treasurer of state, auditor 
of state, attorney-general, and commissioner of state 
lands, and the said speaker shall cast up the votes and 
announce the names of the persons elected to these 
offices. The gov^ernor, secretary of state, treasurer of 
state, auditor of state, attorney-general, and commis- 
sioner of state lands chosen at said election shall qualify 
and enter upon the discharge of the duties of their re- 
spective offices within fifteen days after the announce- 
ment of their election as aforesaid. 

All officers chosen at this election to be commissioned by the governor. 

Sec. 18. All officers shown to be elected by the ab- 
stract of said election filed by the state board of 



224 CONSTITUTION OF ARKANSAS, 

supervisors in the office of the secretary of state, 
required by this Constitution to be commissioned, shall 
be commissioned by the governor. 

First election of representatives and senators.— Their certificates of election. 

Sec. 19. At said election the qualified voters of each 
county and senatorial district, as defined in Article 
VIII of this Constitution, shall elect respectively 
representatives and senators according to the numbers 
and apportionment contained in said article. The 
board of election supervisors of each county shall fur- 
nish certificates of election to the person or persons 
elected to the House of Representatives, as soon as 
practicable after the result of the election has been as- 
certained and such board of election supervisors in 
each county shall make a correct return of the election 
for senator or senators to the board of election supervis- 
ors of the county first named in the senatorial appor- 
tionment; and said board shall furnish certificates of 
election to the person or persons elected as senator 
or senators in said senatorial districts, as soon as 
practicable. 

Officers elected, other than state officers, when to enter upon their duties. 

Sec. 20. All officers elected under this Constitution, 
except the governor, secretary of state, auditor of 
state, treasurer, attorney-general, and commissioner 
of state lands, shall enter upon the duties of their 
several offices when they shall have been declared 
elected by said state board of supervisors, and shall 
have duly qualified. All such officers shall qualify and 
enter upon the duties of their offices within fifteen days 
after they have been duly notified of their election. 



CONSTITUTION OF ARKANSAS. 225 

Prior incumbents to vacate their offices. 

Sec. 21. Upon the qualification of the officers elected 
at said election, the present incumbents of the offices 
for which the election is held, shall vacate the same 
and turn over to tne officers thus elected and qualified, 
all books, papers, records, moneys, and documents be- 
longing or pertaining to said offices by them respec- 
tively held. 

Time of convening of first session of General Assembly. 

Sec. 22. The first session of the General Assembly 
under this Constitution shall commence on the first 
Tuesday after the second Monday in November, 1874. 

Transfer of jurisdiction from boards of supervisors to county courts, from 
criminal courts to circuit courts, and of probate business to probate 
courts. 

Sec. 23. The county courts provided for in this Con- 
stitution shall be regarded in law as a continuation of 
the boards of supervisors now existing by law, and the 
circuit courts shall be regarded in law as continuations 
of the criminal courts wherever the same may have 
existed in their respective counties; and the probate 
courts shall be regarded as continuations of the circuit 
courts for the business wnthin the jurisdiction of such 
probate courts, and the papers and records pertaining 
to said courts and jurisdictions shall be transferred ac- 
cordingly; and no suit or prosecution of any kind shall 
abate because of any change in this Constitution. 

Present incumbents to continue in office till qualification of successors. — Com- 
missioner of state lands. 

Sec. 24. All officers now in office ^vhose offices are 
not abolished by this convention, shall continue in 
office and discharge the duties imposed on them by 
law, until their successors are elected and qualified 

ARK. AND THE NAT. — 1 5 



226 CONSTITUTION OF ARKANSAS, 

under this Constitution. The office of commissioner 
of state lands shall be continued.: Provided, that the 
General Assembly, at its next session, may abolish or 
continue the same in such manner as may be pre- 
scribed by law. 

Penalty of fraud by officers of the election, or other persons. 

Sec. 25. Any election officer, appointed under the 
provisions of this schedule, who shall fraudulently and 
corruptly permit any person to vote illegally, or refuse 
the vote of any qualified elector, cast up or make a 
false return of said election, shall be deemed guilty of 
a felony, and on conviction thereof, shall be imprisoned 
in the penitentiary not less than five years nor more 
than ten years. And any person who shall vote when 
not a qualified elector, or vote more than once, or bribe 
any one to vote contrary to his wishes, or intimidate 
or prevent any elector by threats, menace, or promises 
from voting, shall be guilty of a felony and, upon con- 
viction thereof, shall be imprisoned in the penitentiary 
not less than one nor more than five years. 

Tenure of office of officers chosen at the election. — Time of next general 
election. — Election of congressmen. 

Sec. 26. All officers elected at the election provided 
for in this Schedule shall hold their offices for the 
respective periods provided for in the foregoing Con- 
stitution, and until their successors are elected and 
qualified. The first general election after the ratifica- 
tion of this Constitution shall be held on the first Mon- 
day of September, A. D. 1876. Nothing in this 
Constitution and the Schedule thereto shall be so con- 
strued as to prevent the election of congressmen at 
the time as now prescribed by law. 



CONSTITUTION OF ARKANSAS, 227 

Appropriation to defray expenses of the election. 

Sec. 27. The sum of five thousand dollars is hereby- 
appropriated out of any money in the treasury not 
otherwise appropriated, to defray the expenses of the 
election provided for in this Schedule; and the auditor 
of state shall draw his warrant on the treasurer for 
such expenses not exceeding said amount, on the certi- 
ficate of the state board of supervisors of election. 

Present salaries of state officers. — Per diem and mileage of members of 
General Assembly. 

Sec. 28. For the period of two years from the adop- 
tion of this Constitution, and until otherwise provided 
by law, the respective officers herein enumerated shall 
receive for their services the following salaries per 
annum: 

For governor the sum of $3,500.00. For secretary 
of state the sum of $2,000.00. For treasurer the sum 
of $2,500.00. For auditor the sum of $2,500.00. 
For attorney-general the sum of $2,000.00. For com- 
missioner of state lands the sum of $2,000.00. For 
judges of the supreme court, each the sum of $3,500.00. 
For judges of circuit and chancery courts each the 
sum of $2,500.00. For prosecuting attorneys each the 
sum of $400.00. For members of the General Assem- 
bly the sum of $6.00 per day, and twenty cents per 
mile for each mile traveled in going to and returning 
from the seat of government, over the most direct and 
practicable route. 

Done in Convention, at Little Rock, the seventh 
day of September in the year of our Lord, 
one thousand eight hundred and seventy- 
four, and of the independence of the United 
States the ninety-ninth. 



228 ARTICLES OF CONFEDERATIOISf. 

In witness whereof, we have hereunto sub- 
scribed our names. 

Grandison D. Royston, 
President of the Convention, a7td Delegate from 
the County of Heiyipstead, 
Thomas W. Newton, 

Secretary. 

A. M. Rodgers, Delegate from Benton county. 

Horace H. Patterson, Delegate from Benton county. 

W. W. Baily, Delegate from Boone county. 

Jno. R. Hampton, Delegate from Bradley county. 

John W. Cypert, Delegate from Baxter county. 

Bradley Bunch, Delegate from Carroll county. 

Jesse A. Ross, Delegate from Clark county. 

H. F. Thomason, Delegate from Crawford county. 

W. D. Leiper, Delegate from Dallas county. 

Wm. J. Thompson, Delegate from Woodruff county. 

James A. Gibson, Delegate from Arkansas county. 

Henry W. Carter, Delegate from Pike county. 

Daniel F. Reinhardt, Delegate from Prairie county. 

Elijah Moseley, Delegate from Ouachita county. 

Stephen C. Bates, Delegate from Polk county. 

G. P. Smoote, Delegate from Columbia county. 

D. L. Killgore, Delegate from Columbia county. 
William S. Hanna, Delegate from Conway county. 
John S. Anderson, Delegate from Craighead county. 
J. G. Frierson, Delegate from Cross county. 

E. Foster Brown, Delegate from Clayton county. 
Jas. P. Stanley, Delegate from Drew county. 
John Niven, Delegate from Dorsey county. 

William W. Mansfield, Delegate from the county of Franklin. 
John Dunaway Delegate from the county of Faulkner. 
Davidson D. Cunningham, Delegate from the county of Grant. 
Ben. H. Crowly, Delegate from the county of Greene. 
H. M. Rector, Delegate from Garland county. 
Jno. R. Eakin, Delegate from Hempstead county. 
W. C, Kelly, Delegate from Hot Spring county. 
J. W. Butler, Delegate from Independence county. 



ARTICLES OF CONFEDERATION. 229 

James Rutherford, Delegate from Independence county. 

Ransom GuUey, Delegate from Izard county. 

Franklin Doswell, Delegate from Jacksoh county. 

Jno. A. Williams. Delegate from Jefferson county. 

Seth J. Howell, Delegate from Johnson county. 

Philip K. Lester, Delegate from Lawrence county. 

J. H. Williams, Delegate from Little River county 

J. P. Eagle, Delegate from Lonoke county. 

Reason G. Puntney, Delegate from Lincoln county. 

Monroe Anderson, Delegate from Lee county. 

John Carroll, Delegate from Madison county. 

S. P. Hughes, Delegate from Monroe county. 

Nicholas W. Cable, Delegate from Montgomery county. 

Charles Bowen, Delegate from Mississippi county. 

R. K. Garland, Delegate from Nevada county. 

Henry G. Bunn, Delegate from Ouachita county. 

W. H. Blackwell, Delegate from Perry county. 

Jno. J. Hornor, Delegate from Phillips county. 

Jno. R. Homer Scott, Delegate from the county of Pope. 

John Miller, Jr., Delegate from the county of Randolph. 

Sidney M. Barnes, Delegate from the county of PulaskL 

Jabez M. Smith, Delegate from Saline county. 

Ben. B. Chism, Delegate from the county of Sarber. 

J. W. Sorrels, Delegate from Scott county. 

W. S. Lindsey, Delegate from Searcy county. 

R. P. Puiliam, Delegate from Sebastian county. 

W. M. Fishback, Delegate from Sebastian county. 

B. H. Kinsworthy, Delegate from Sevier county. 

Lewis Williams, Delegate from Sharp county. 

John M. Parrott, Delegate from Saint Francis county. 

Walter J. Cagle, Delegate from Stone county. 

Horatio G. P. Williams, Delegate from Union county. 

Robt. Goodwin, Delegate from Union county. 

A. R. Witt, Delegate from Van Buren county. 

R. P. Polk, Delegate from Phillips county. 

T. W. Thomason, Delegate from Washington county. 

Benjamin F. Walker, Delegate from Washington county. 

M. F. Lake, Delegate from Washington county. 

Jesse N. Cypert, Delegate from White county. 



230 CONSTITUTION OF ARKANSAS. 

J. W. House, Delegate from White county. 
Joseph T. Harrison, Delegate from Yell county. 
Marcus L. Hawkirrs, Delegate from Ashley county. 
Edwin R. Lucas, Delegate from Fulton county. 
Benjamin W. Johnson, Delegate from Calhoun county. 
Roderick Joyner, Delegate from Poinsett county. 



AMENDMENT No. i. 

The General Assembly shall have no power to levy 
any tax, or make any appropriations, to pay either the 
principal or interest, or any part thereof of any of the 
following bonds of the state, or the claims, or pretended 
claims, upon which they may be based, to-wit: Bonds 
issued under an act of the General Assembly of the 
state of Arkansas, entitled "An act to provide for the 
funding of the public debt of the state,'* approved 
April 6th, A. D. 1869, and numbered from four hun- 
dered and ninety-one to eighteen hundred and sixty, 
inclusive, being the funding bonds, delivered to F. W. 
Caper, and sometimes called '' Holford Bonds;'* or 
bonds known as ** railroad aid bonds," issued under an 
act of the General Assembl}^ of the state of Arkansas, 
entitled, "An act to aid in the construction of rail- 
roads, approved July 21, A. D. 1868; " or bonds 
called "levee bonds," being bonds issued under an 
act of the General Assembly of the state of Arkansas, 
entitled, "An act providing for the building and re- 
pairing the public levees of the state, and for other 
purposes," approved March, 16, A. D. 1869, and the 
supplemental act thereto, approved April 12, 1869; 
and the act entitled, "An act to amend an act entitled 
an act providing for the building and repairing of 
public levees of this state," approved March 23, A. D. 



COXSTITUTION OF ARKANSAS, 231 

187 1, and any law providing for any such tax or 
appropriation, shall be null and void. 

AMENDMENT No. 2. 

Every male citizen of the United States, or male 
person who has declared his intention of becoming a 
citizen of the same, of the age of twenty-one years, 
who has resided in the state twelve months, in the 
county six months, and in the precinct or ward one 
month, next preceding any election at which he may 
propose to vote, except such persons as may for the 
commission of some felony be deprived of the right to 
vote by law passed by the General Assembly, and who 
shall exhibit a poll tax receipt or other evidence that 
he has paid his poll tax at the time of collecting taxes 
next preceding such election, shall be allowed to vote 
at any election in the state of Arkansas : Provided, That 
persons who make satisfactory proof that they have 
attained the age of twenty-one years since the time of 
assessing taxes next preceding said election and pos- 
sess the other necessary qualifications, shall be per- 
mitted to vote; and provided furthe}'^ That the said 
tax receipt shall be so marked by dated stamp or 
written endorsement by judges of election to whom it 
may be first presented as to prevent the holder thereof 
from voting more than once at any election. 

AMENDMENT No. 3. 
The governor shall, in case a vacancy occurs in any 
state, district, county or township office in the state, 
either by death, resignation or otherwise, fill the same 
by appointment, such appointment to be in force and 
effect until the next general election thereafter. 



SYLLABUS. 

CONSTITUTION OF ARKANSAS. 

ARTICLE I. 

Boundaries of the state. 
Seat of government. 

ARTICLE II. 

DECLARATION OF RIGHTS. 
SECTION. 

1. Source of political power. — Object of government. — Right 

of reform and abolition. 

2. Natural freedom and independence of men. — Inalienable 

rights. — Origin of government. 

3. Equality of all persons before the law. 

4. Right of public assembly, and of petition. 

5. Right to bear arms. 

6. Liberty of the press and of speech. — Libel. 

7. Trial by jury. 

8. No person to be held to answer for crime, but on present- 

ment or indictment. — Exceptions. — No person to be 
twice put in jeopardy for same offence. — Or be compelled 
to be witness against himself. — Security for life, liberty, 
and property. — Right to bail. 

9. Excessive bail and fines, cruel punishments, and detention 

of witnesses prohibited. 

10. Rights of accused in criminal prosecution. 

11. Habeas corpus. 

12. Suspension of the laws. 

13. Redress of wrongs. 

14. Treason. 

15. Security against unreasonable searches and seizures. 

16. Imprisonment for debt prohibited. 

17. Attainder, laws, ex post facto, impairing contracts, etc. pro- 

hibited. 

[232] 



COXSTITUTWN OF ARKANSAS. 233 

SECTION. 

iS. Equality of privileges and immunities. 

19. Perpetuities, monopolies, and hereditary distinctions pro- 

hibited. 

20. Resident aliens. 

21. Life, liberty, and property, how secured. — Banishment 

prohibited. 

22. Private property taken for public use. 

23. State's right of eminent domain and of taxation. — Delega- 

tion of taxing power. 

24. Right of religious liberty. 

25. Protection of religious liberty. 

26. Religious tests prohibited. — Oaths or affirmations required. 

27. Involuntary servitude, except for crime, prohibited. — Stand- 

ing army. — Military subordinate to civil power. — Quar- 
tering of troops. 

28. Tenure of lands'. 

29. This enumeration of rights not to disparage other rights. — 

Paramount authority of Declaration of Rights and of Con- 
stitution. 

ARTICLE III. 

FRANCHISE AND ELECTIONS. 

1. Qualifications of electors. 

2. Freedom of elections. — Right of suffrage not to depend on 

previous registration. — Or impairable except on convic- 
tion for felony. 

3. Elections to be by ballot. — Numbering of ballots. — Secrecy 

of the ballot. 

4. Privileges of electors. 

5. Idiots and insane. 

6. Corrupt violation of election laws to disqualify for office. 

7. United States soldiers, sailors, and marines. 

8. Time of holding general elections. 

9. Testimony in cases of contested elections. 

10. Causes of disqualification as election officer. 

11. Votes unlawfully refused, to be counted on trial of contest. 

12. Elections by parties representative. 



234 CONSTITUTION OF ARKANSAS, 

ARTICLE IV. 

DEPARTMENTS. 
SECTION. 

1. Departments of government. 

2. Separation of departments. 

ARTICLE V. 

LEGISLATIVE. 

1. General Assembly. 

2. House of Representatives. 

3. Senate. 

4. Qualifications of senators and representatives. 

5. Times of meeting. 

6. Vacancies. 

7. Officers ineligible to General Assembly. 

8. Holders of public moneys disqualified for office, until settle- 

ment. 

9. Conviction of infamous crime to disqualify for office. 

10. Senator or Representative disqualified for civil office. 

11. Each house to appoint its officers and determine qualifica- 

tions, etc., of its members. — Quorum. 

12. Rules. — Expulsion of members. — Punishment for con- 

tempt. — Enforcement of process. — Protection of mem- 
bers. — Journal. — Yeas and nays. 

13. Proceedings to be public. 

14. Elections by joint or concurrent vote. 

15. Privileges of senators and representatives. 

16. Pay and mileage. — Term to begin with election. 

17. Duration of sessions. 

18. Presiding officers. — President of Senate to succeed to gov- 

ernorship in case of vacancy, 

ig. Style of laws. 

20. State not to be sued in her courts. 

21. Laws to be by bill. — Amendment of bills. 

22. Passage of bills. 

23. Revival, amendment, and extension, of laws. 

24. Classes of special legislation prohibited. 

25. Restrictions on special legislation. 



CONSTITUTION OF ARKANSAS. 235 

SECTION. 

26. Publication of notice of local and special bills. 

27. Extra compensation to officers, agents, employees, and con- 

tractors. — Appropriations for claims, in matters not pro- 
vided for by preexisting laws. 

28. Adjournment. 

29. Appropriations to be specific, and limited to two years. 

30. General and special appropriation bills. 

31 Vote requisite to allowances of state tax, and appropriations 
of money. 

32. Redress for injuries to person or property. 

33. Liabilities of corporations to the state. 

34. Bills not to be introduced during last three days of the 

session. 

35. Bribery of officers. 

36. Expulsion of member no bar to indictment. 

ARTICLE VL 

EXECUTIVE DEPARTMENT. 

1. Executive officers. — Offices to be at seat of government, — - 

Terms of office. — Commissioner of state lands. 

2. Governor. 

3. Election of executive officers. — Returns. — Declaration of 

election. — Case of tie. 

4. Contested elections for executive officers. 

5. Qualifications of governors. 

6. Governor to be commander in chief. 

7. May require information from officers of Executive Depart- 

ment. — Execution of the laws. 

8. Messages to General Assembly. 

9. Great seal of the state. 

10. Grants and commissions. 

11. Persons ineligible to office of governor. 

12. Death, impeachment, or other disability of governor. 

13. Impeachment or other disability of president of Senate 

acting as governor. 

14. Election to fill vacancy in office of governor. — Returns. — 

Contested election. 

15. Bills to be presented to governor for approval. — Proceed- 



236 CONSTITUTION OF ARKANSAS. 

SECTION. 

ings in case of veto. — Bill not returned within five days to 
become a law. — Bills passed during last five days of 
session. 
i6. Concurrent orders and resolutions to be presented to gov- 
ernor for approval. — Proceedings in case of veto. 

17. Veto of items of appropriation bills. — Proceedings in such 

case. 

18. General pardoning power. — Pardoning power in cases of 

treason. — Information concerning pardons, etc., to be 
communicated to the General Assembly. 

19. Extra session of the General Assembly, and convocation 

elsewhere than at seat of government. 

20. Case of disagreement in General Assembly, as to time of 

adjournment. 

21. Duties of secretary of state. — Superintendent of public 

instruction. 

22. Duties of other officers of Executive Department. — Their 

disqualification to hold other office. — Vacancies in their 
offices. 

23. Vacancies in office, not elsewhere provided. 

ARTICLE VII. 

JUDICIAL DEPARTMENT. 

1. Judicial power, where vested. — Establishment of additional 

courts. 

2. Supreme court. — Chief justice. — Quorum. 

3. Increase of number of judges of supreme court. 

4. General jurisdiction of supreme court. — Jurisdiction of 

individual judges of supreme court. 

5. Jurisdiction of supreme court in quo ivarranto. 

6. Qualifications of judges of supreme court. — Election. — 

Term of office. 

7. Clerk and reporter of supreme court. — Term of office. 

8. Terms of supreme court. 

9. Special judges of supreme court. 

10. Compensation of supreme judges. — Disqualification to hold 

other office. 

11. General jurisdiction of circuit courts.. 



CONSTITUTION OF ARKANSAS. 237 

SECTION'. 

12. Terms of circuit courts. 

13. Judicial circuits. — Judge of circuit court to reside and be 

conservator of peace in his circuit. 
14.. Superintending and appellate jurisdiction of circuit courts. 

15. Equity jurisdiction of circuit courts. 

16. Qualifications of judges of circuit courts. 

17. Election of judges of circuit courts. — Term of office. 

18. Compensation of judges of circuit courts. — Disqualification 

to hold other office. 

19. Clerks of circuit courts. — Election. — Term of office. — To 

be ex officio county and probate clerks, and recorders. — 
Separate county clerk in certain counties. — To be ex 
officio probate clerk. 

20. Interest, consanguinity, etc., to disqualify judge from pre- 

siding at trial. 

21. Special judges for circuit courts. — Powers of special judges. 

— Their qualifications. 

22. Exchange of circuits. 

23. Charges to juries. 

24. Prosecuting attorneys. — Term of office. — Qualifications. 

25. Judges prohibited from practice of law. 

26. Contempts not in presence of court or disobedience of pro- 

cess. 

27. Removal of county and township officers. 

28. Jurisdiction of county courts. — County court to be held by 

one judge. 

29. Judges of county courts. — Election. — Term of office. — 

Qualifications. 

30. Quorum of the county. — Powers. — Majority must sit. — 

Compulsory attendance. 

31. Terms of county courts. 

32. Courts of common pleas. — Jurisdiction. 

33. Appeals from county courts and courts of common pleas. 

34. Courts of probate. — Jurisdiction. — Terms. 

35. Appeals from probate courts. 

36. Special judges for county and probate courts. 

37. Compensation of county judge. — His jurisdiction in 

absence of circuit judge from county. 



238 CONSTITUTION OF ARKANSAS, 

SECTION. 

38. Justices of the peace. — Term of office. — Commission. 

39. Number of justices of the peace. 

40. Jurisdiction of justices of the peace: — ist, Exclusive of cir- 

cuit court. — 2d, Concurrent with circuit court. — 3d, In 
misdemeanors. — 4th, As examining courts, and in bind- 
ing to keep the peace. — 5th, To issue process. — 6th, As 
conservators of the peace. — Denied jurisdiction in ques- 
tions of land. 

41. Qualifications of justices of the peace. 

42. Appeals from justices of the peace. 

43. Jurisdiction of corporation courts. 

44. Pulaski chancery court. — Term of office of judge and clerk. 

— Election. — Proceedings relative to sixteenth-section 
lands. 

45. Separate criminal courts abolished. — Their jurisdiction 

transferred to circuit courts. — Their records. 

46. County executive officers. — Term of office. — Compensation 

of assessors. 

47. Constables. — Their commissions. 

48. Commissions of officers. 

49. Style of process and indictments. 

50. Vacancies in offices provided for in Art. VII. 

51. Appeals in case of allowances for or against counties, cities, 

or towns. — Appeal bond. 

52. Contested elections for county, township or municipal 

offices. 

ARTICLE VIII. 

APPORTIONMENT. 

1. Number of representatives. — Ratio of representation. — 

Apportionment of representatives. 

2. Division of state into Senatorial districts. — Ratio of repre- 

sentation in Senate. — Present Senatorial districts and 
apportionment of senators. — Number of senators. 

3. Principles of formation of senatorial districts. 

4. Apportionments when to be made. 



CONSTITUTION OF ARKANSAS. 239 



ARTICLE IX. 

EXEMPTION. 
SECTION. 

1. Exemption of personal property of persons other than heads 

of families, from seizure for debt. 

2. Exemption of personal property of heads of families. 

3. Homestead exemption. 

4. Extent of exemption of homestead situate outside city, 

town, or village. 

5. Extent of exemption of homestead in city, town, or village. 

6. Homestead exemption for benefit of widow. — Proviso. — 

Rights of children during minority. 

7. Separate property of married women. 

8. Scheduling of separate personal property of married women, 
g. Effect of exemptions of Constitution of 1868. 

10. Homestead exemption for benefit of minor orphan children. 

ARTICLE X. 

AGRICULTURE, MINING, AND MANUFACTURES. 

1. Agricultural, mining, and manufacturing interests of state. 

— Mining, Manufacturing, and Agricultural Bureau. 

2. State geologist. — Term of office. — Duties. — Compensa- 

tion — Removal. 

3. Exemption from taxation, of mines and manufactures. 

ARTICLE XI. 

MILITIA. 

1. Persons liable to military duty. — Organization of militia. 

2. Volunteer companies. 

3. Privileges of militia from arrest, at muster, etc. 

4. Authority to call out volunteers and militia. 

ARTICLE XII. 

MUNICIPAL AND PRIVATE CORPORATIONS. 

1. Revocation of existing charters and grants, for non-user. 

2. Limitation of power of incorporation, by special act. 

3. Incorporation of cities and towns. — Restriction of powers. 



240 CONSTITUTION OF ARKANSAS. 

SECTION. 

4. Limitation of legislative power of municipal corporations, 

and of their power of taxation, — Payment of existing 
indebtedness. 

5. Municipal corporations not to become stockholders, or finan- 

cially assist corporations, etc. 

6. General incorporation laws. — Power of alteration and revo- 

cation. 

7. State not to be interested in stock of corporations, etc. 

8. Issue and increase of stock, etc., of private corporations. 

g. Compensation of property and right of way, taken for use of 
corporations. 

10. Legislation authorizing issue of circulating paper piohibited. 

11. Foreign corporations. 

12. State not to assume liabilities of counties or corporations. — 

Exceptions. — Indebtedness of corporations to state. 

ARTICLE XIII. 

COUNTIES, COUNTY SEATS, AND COUNTY LINES. 

1. Minimum limits of counties prescribed. — Exceptions. 

2. Consent of voters of territory affected, requisite to change of 

county lines. 

3. Changes of county seats. — County seats of new counties. 

4. Lines of new counties. 

5. Division of Sebastian County into two districts. 

ARTICLE XIV. 

EDUCATION. 

1. Free school system. 

2. School funds to be used exclusively for purposes for which 

set apart. 

3. State school tax. — Poll tax for school fund. — School dis- 

trict tax. 

4. Supervision of public schools, etc. 

ARTICLE XV. 

IMPEACHMENT AND ADDRESS. 

I. Impeachments. — Judgment. 



COXSTITUTIOX OF ARKANSAS, 241 

SECTION. 

2. Power of impeachment. — Trial. 

3. Removal upon address. 

ARTICLE XVI. 

FINANCE AND TAXATION. 

1. Loan of public credit, and issue of interest-bearing evi- 

dences of public indebtedness, except to pay present debt, 
prohibited. 

2. Payment of state debt. 

3. Misappropriation of public moneys. 

4. Salaries and fees. — Clerks, etc., of departments of state. 

5. Uniform rule of taxation. — Taxation of privileges, etc. — 

Property exempt from taxation. 

6. Exemption by statutory enactment, void. 

7. Taxation of corporate property. 

8. Maximum rate of state taxes. 

9. Maximum rate of county taxes. 

10. County and municipal taxes, in what payable. 

11. Levy and specific appropriation of taxes. 

12. Disbursements. 

13. Right of citizen to sue in behalf of inhabitants of county or 

municipality. 

ARTICLE XVII. 

RAILROADS, CANALS, AND TURNPIKES. 

1. Railroads, etc., public highways. — Transportation com- 

panies common carriers. — Right to construct railroads. — 
Intersection and connection of railroads. 

2. Transportation companies to maintain office in state. — 

Transfers of stock. — Books. 

3. Equal right to transportation. — Regulation of charges. 

4. Parallel or competing lines of transportation not to be con- 

solidated, or controlled by same parties. 

5. Prohibitions upon officers, etc., of transportation companies. 

6. Discrimination of charges between transportation companies 

and individuals, or in furnishing cars or motive power, 
prohibited. 

ARK. AND THE NAT. — 16 



242 CONSTITUTION OF ARKANSAS. 

SECTION. 

7. General Assembly to prevent grant of free passes to officers 

of the state. 

8. Condition of remission of forfeiture of charter, or legislation 

favorable to corporations. 

9. Eminent domain over property of corporations. 

10. Legislation to correct abuses by transportation companies. 

11. Movable property of railroad corporations personal prop- 

erty, and not to be exempted from execution. 

12. Damages, by railroads, to person and property. 

13. Annual report of railroad companies to auditor. 

ARTICLE XVin. 

JUDICIAL CIRCUITS. 

Judicial circuits. — Terms of circuit courts. 
ARTICLE XIX. 

MISCELLANEOUS PROVISIONS. 

1. Disqualifications of atheists. 

2. Dueling. 

3. Electors, only qualified for office. 

4. Residence, etc., of officers. 

5. Officers to continue in office till qualification of successors. 

6. Plurality of offices. 

7. Forfeiture of residence. 

8. Deductions from salaries of officers. 

9. Creation of permanent state offices prohibited. 
10. Returns of elections, to whom made. 

ir. Salaries of state officers. — Fees pertaining to state offices. — 
Maximum salaries of state officers. — Increase of salaries 
of members of General Assembly. 

12. Publication of receipts and expenditures of public money. 

13. Usury. — Rate of interest. 

14. Lotteries prohibited. 

15. Contracts for stationery, fuel, printing, furniture, etc., for 

state government. 

16. Contracts for public buildings and bridges, and care of 

paupers. 

17. Revision, publication, etc., of laws. 



CONSTITUTION OF ARKANSAS. 243 

SECTION. 

18. Security of miners and travelers. 

19. Education of deaf and dumb, blind, and insane. 

20. Oath of office. 

21. Sureties upon official bonds. 

22. Amendments to Constitution, how originated. — To be pub- 

lished and submitted to the people. — Not more than three 
to be proposed or submitted at same time. — Separate rati- 
fication of each. 

23. Maximum of officers' salary and fees. — Disposition of 

excess received. 

24. Contested elections not herein specifically provided for. 

25. Seal of the state. 

26. Officers eligible to executive and judicial office. 

27. Assessments on real property, for local improvements, in 

towns and cities. 

SCHEDULE. 

1. Retention of existing laws. — Effect of exemption laws in 

force at adoption of Constitution of i8t8. — Distinction 
between sealed and unsealed instruments. 

2. Competency of witnesses. 

3. First general election for officers, and election for submission 

of Constitution to the people. 

4. Qualifications of voters thereat. 

5. Notice thereof. 

6. Governor's proclamation enjoining good order at such elec- 

. tioa. 

7. State board of supervisors of election. — Vacancies therein. 

8. County boards of election supervisors. — Vacancies therein- 
g. Poll books and ballot boxes for the election. 

10. Distribution, to officers of the election, of copies of the Con- 

stitution. 

11. Judges of the election and election clerks. — Cases of 

absence of judges of the election from the polls. 

12. Conduct of the election. — Qualifications of voters, how 

decided. — Registration. 

13. Style of ballot. 



244 CONSTITUTION OF ARKANSAS, 

SECTION. 

14. Deposit of tickets. — Elector to vote only in township or 

ward of residence. — Numbering of tickets. 

15. Drinking houses to be closed on day of the election. — Sale 

or gift of intoxicating liquor prohibited. 

16. Hours of voting. — Counting of ballots. — Disposition of 

returns. — Copies of abstract of returns, ballots, and poll 
books, where filed. 

17. Ascertainment and publication of result of election on adop- 

tion of CoQstitution. — Constitution, if adopted, in force 
from date of such publication. — Abstract of returns of the 
election, to be filed with secretary of state. — List of mem- 
bers of General Assembly, elect, to be certified to General 
Assembly. Abstract of returns of election of state ofl5cers 
to be certified to speaker of House of Representatives, 
and the result by him announced. — State oflicers elected, 
when to enter upon their duties. 

18. All officers chosen at this election to be commissioned by 

governor. 

19. First election of representatives and senators. — Their cer- 

tificates of election. 

20. Officers elected, other than state officers, when to enter upon 

their duties. 

21. Prior incumbents to vacate their offices. 

22. Time of convening of first session of General Assembly. 

23. Transfer of jurisdiction from boards of supervisors to county 

courts, from criminal courts to circuit courts, and of pro- 
bate business to probate courts. 

24. Present incumbents to continue in office till qualification of 

successors. — Commissioner of state lands. 

25. Penalty of fraud by officers of the election or other persons. 

26. Tenure of office of officers chosen at the election. — Time of 

next general election. — Election of congressmen. 

27. Appropriation to defray expenses of the election. 

28. Present salaries of state officers. — Per diem and mileage of 

members of General Assembly. 



APPENDIX B. 
THE ARTICLES OF CONFEDERATION. 

Article of Confederation and Perpetual Union between the States 
of New Hampshire, Massachusetts Bay, Rhode Island and Provi- 
dence Plantations, Connecticut, New York, New Jersey, Pennsyl- 
vania, Delaware, Maryland, Virginia, North Carolina, South 
Carolina, and Georgia. 

ARTICLE I. 

The style of this Confederacy shall be, ** The United 
States of America." 

ARTICLE II. 

Each state retains its sovereignty, freedom, and in- 
dependence, and every power, jurisdiction, and right, 
which is not by this Confederation expressly delegated 
to the United States in Congress assembled. 

ARTICLE III. 

The said states hereby severally enter into a firm 
league of friendship with each other, for the common 
defence, the security of their liberties, and their mutual 
and general welfare, binding themselves to assist each 
other against all force offered to, or attacks made upon, 
them, or any of them, on account of religion, sov- 
ereignty, trade, or any other pretence whatever. 

ARTICLE IV. 

The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the different 

[245] 



246 ARTICLES OF CONFEDERATION. 

states in this Union, the free inhabitants of each of 
these states, paupers, vagabonds, and fugitives from 
justice excepted, shall be entitled to all privileges and 
immunities of free citizens in the several states; and the 
people of each state shall have free ingress and egress 
to and from any other state, and shall enjoy therein 
all the privileges of trade and commerce subject to 
the same duties, impositions, and restrictions as the 
inhabitants thereof respectively; provided that such 
restriction shall not extend so far as to prevent the 
removal of property imported into any state to any 
other state of which the owner is an inhabitant; pro- 
vided also, that no imposition, duties, or restriction 
shall be laid by any state on the property of the United 
States or either of them. If any person guilty of, or 
charged with, treason, felony, or other high misde- 
meanor in any state shall flee from justice and be found 
in any of the United States, he shall, upon demand of 
the governor or executive power of the state from 
which he fled, be delivered up and removed to the state 
having jurisdiction of his offense. Full faith and credit 
shall be given in each of these states to the records, 
acts, and judicial proceedings of the courts and magis- 
trates of every other state, 

ARTICLE V. 
For the more convenient management of the general 
interests of the United States, delegates shall be annu- 
ally appointed in such manner as the legislature of each 
state shall direct, to meet in Congress on the first 
Monday in November, in every year, with a power 
reserved to each state to recall its delegates, or any 
of them, at any time within the year, and to send 



ARTICLES OF COXFEDERATION, 247 

Others in their stead for the remainder of the year. No 
state shall be represented in Congress by less than 
two, nor by more than seven members; and no per- 
son shall be capable of being a delegate for more 
than three years in any term of six years; nor shall 
any person, being a delegate, be capable of holding 
any office under the United States for which he, 
or another for his benefit, receives any salary, fees, 
or emolum.ent of any kind. Each state shall maintain 
its own delegates in any meeting of the states and 
while they act as members of the committee of the 
states. In determining questions in the United States, 
in Congress assembled, each state shall have one vote. 
Freedom of speech and debate in Congress shall not 
be impeached or questioned in any court or place out 
of Congress; and the members of Congress shall be 
protected in their persons from arrests and imprison- 
ment during the time of their going to and from, and 
attendance on, Congress, except for treason, felony, 
or breach of the peace. 

ARTICLE VI. 

No state, without the consent of the United States, 
in Congress assembled, shall send any embassy to, or 
receive any embassy from, or enter into any confer- 
ence, agreement, alliance, or treaty with any king, 
prince, or state; nor shall any person holding any 
office of profit or trust under the United States, or any 
of them, accept of any present, emolument, office, or 
title of any kind whatever from any king, prince, or 
foreign state; nor shall the United States, in Congress 
assembled, or any of them, grant any title of nobility. 

No two or more states shall enter into any treaty, 



248 ARTICLES OF CONFEDERATION, 

confederation, or alliance between them, without the 
consent of the United States, in Congress assembled, 
specifying accurately the purposes for which the same 
is to be entered into, and how long it shall continue. 

No state shall lay any imposts or duties which may 
interefere with any stipulations in treaties entered into 
by the United States, in Congress assembled, with any 
king, prince, or state, in pursuance of any treaties 
already proposed by Congress to the courts of France 
and Spain. 

No vessel of war shall be kept up in time of peace 
by any state, except such number only as shall be 
deemed necessary by the United States, in Congress 
assembled, for the defense of such state or its trade, 
nor shall any body of forces be kept up by any state 
in time of peace, except such number only as, in the 
judgment of the United States, in Congress assembled, 
shall be deemed requisite to garrison the forts neces- 
sary for the defense of such state; but every state shall 
always keep up a well-regulated and disciplined militia, 
sufficiently armed and accoutred, and shall provide and 
constantly have ready for use in public stores a due 
number of field-pieces and tents, and a proper quantity 
of arms, ammunition, and camp equipage. 

No state shall engage in any war'without the consent 
of the United States, in Congress assembled, unless 
such state be actually invaded by enemies, or shall have 
received certain advice of a resolution being formed by 
some nation of Indians to invade such state, and the 
danger is so imminent as not to admit of a delay till 
the United States, in Congress assembled, can be con- 
sulted; nor shall any state grant commissions to any 
ships or vessels of war, nor letters of marque or re- 



ARTICLES OF CONFEDERA TION. 249 

prisal, except it be after a declaration of war by the 
United States, in Congress assembled, and then only 
against the kingdom or state, and the subjects thereof, 
against which war has been so declared, and under 
such regulations as shall be established by the United 
States, in Congress assembled, unless such state be 
infested by pirates, in which case vessels of war may 
be fitted out for that occasion, and kept so long as the 
danger shall continue, or until the United States, in 
Congress assembled, shall determine otherwise. 

ARTICLE VII. 

When land forces are raised by any state for the 
common defense, all officers of or under the rank of 
colonel shall be appointed by the legislature of each 
state respectively by whom such forces shall be raised, 
or in such manner as such state shall direct, and all 
vacancies shall be filled up by the state which first 
made the appointment. 

ARTICLE VIII. 

All charges of war, and all other expenses that shall 
be incurred for the common defense, or general wel- 
fare, and allowed by the United States, in Congress 
assembled, shall be defrayed out of a common treasury, 
which shall be supplied by the several states in pro- 
portion to the value of all land within each state, 
granted to, or surveyed for, any person, as such land 
and the buildings and improvements thereon shall 
be estimated, according to such mode as the United 
States, in Congress assembled, shall, from time to 
time, direct and appoint. The taxes for paying that 
proportion shall be laid and levied by the authority and 



250 ARTICLES OF CONFEDERATION. 

direction of the legislatures of the several states, within 
the time agreed upon by the United States, in Con- 
gress assembled. 

ARTICLE IX. 

The United States, in Congress assembled, shall 
have the sole and exclusive right and power of deter- 
mining on peace and war, except in the cases men- 
tioned in the sixth article; of sending and receiving 
ambassadors; entering into treaties and alliances, pro- 
vided that no treaty of commerce shall be made, 
whereby the legislative power of the respective states 
shall be restrained from imposing such imposts and 
duties on foreigners as their own people are subjected 
to, or from prohibiting the exportation or importation 
of any species of goods or commodities whatever; of 
establishing rules for deciding, in all cases, what 
captures on land and water shall be legal, and in what 
manner prizes taken by land or naval forces in the 
service of the United States shall be divided or appro- 
priated; of granting letters of marque and reprisal in 
times of peace; appointing courts for the trial of 
piracies and felonies committed on the high seas; and 
establishing courts for receiving and determining 
finally appeals in all cases of captures; provided that 
no member of Congress shall be appointed a judge of 
any of the said courts. 

The United States, in Congress assembled, shall also 
be the last resort on appeal in all disputes and differ- 
ences now subsisting, or that hereafter may arise 
between two or more states concerning boundary juris- 
diction, or any other cause whatever; which authority 
shall always be exercised in the manner following: 



ARTICLES OF CONFEDERATION. 251 

Whenever the legislative or executive authority, or 
lawful agent of any state in controversy with another, 
shall present a petition to Congress, stating the matter 
in question, and praying for a hearing, notice thereof 
shall be given by order of Congress to the legislative 
or executive authority of the other state in contro- 
versy, and a day assigned for the appearance of the 
parties by their lawful agents, who shall then be 
directed to appoint, by joint consent, commissioners 
or judges to constitute a court for hearing and de- 
termining the matter in question; but if they cannot 
agree, Congress shall name three persons out of each 
of the United States, and from the list of such persons 
each party shall alternately strike out one, the pe- 
titioners beginning, until the number shall be reduced 
to thirteen; and from that number not less than seven 
nor more than nine names, as Congress shall direct, 
shall, in the presence of Congress, be drawn out by 
lot; and the persons whose names shall be so drawn, 
or any five of them, shall be commissioners or judges, 
to hear and finally determine the controversy, so always 
as a major part of the judges who shall hear the cause 
shall agree in the determination; and if either party 
shall neglect to attend at the day appointed, without 
showing reasons which Congress shall judge sufficient, 
or being present, shall refuse to strike, the Congress 
shall proceed to nominate three persons out of each 
state, and the secretary of Congress shall strike in 
behalf of such party absent or refusing; and the judg- 
ment and sentence of the court, to be appointed in the 
manner before prescribed, shall be final and conclusive; 
and if any of the parties shall refuse to submit to the 
authority of such court, or to appear or defend their 



252 ARTICLES OF CONFEDERATION-. 

claim or cause, the court shall nevertheless proceed to 
pronounce sentence or judgment, which shall in like 
manner be final and decisive; the judgment or sentence 
and other proceedings being in either case transmitted 
to Congress, and lodged among the acts of Congress for 
the security of the parties concerned. Provided, that 
every commissioner, before he sits in judgment, shall 
take an oath, to be administered by one of the judges 
of the supreme or superior court of the state where 
the cause shall be tried, ** well and truly to hear and 
determine the matter in question, according to the best 
of his judgment, without favor, affection, or hope of 
reward." Provided, also, that no state shall be de- 
prived of territory for the benefit of the United States. 

All controversies concerning the private right of soil 
claimed under different grants of two or more states, 
whose jurisdictions, as they may respect such lands, 
and the states which passed such grants are adjusted, 
the said grants or either of them being at the same 
time claimed to have originated antecedent to such 
settlement of jurisdiction, shall, on the petition of 
either party to the Congress of the United States, be 
finally determined, as near as may be, in the same 
manner as is before prescribed for deciding disputes 
respecting territorial jurisdiction between different 
states. 

The United States, in Congress assembled, shall 
also have the sole and exclusive right and power of 
regulating the alloy and value of coin struck by their 
own authority, or by that of the respective states; 
fixing the standard of weights and measures through- 
out the United States; regulating the trade and man- 
aging all affairs with the Indians, not members of any 



ARTICLES OF CONFEDERATION. 253 

of the States; provided that the legislative right of 
any state, within its own limits, be not infringed or 
violated; establishing and regulating post offices from 
one state to another, throughout all the United States, 
and exacting such postage on the papers passing 
through the same as may be requisite to defray the 
expenses of the said office; appointing all officers of 
the land forces in the service of the United States, ex- 
cepting regimental officers; appointing all the officers 
of the naval forces, and commissioning all officers 
whatever in the service of the United States; making 
rules for the government and regulation of the said 
land and naval forces, and directing their operations. 
The United States, in Congress assembled, shall 
have authority to appoint a committee, to sit in the 
recess of Congress, to be denominated '' A Committee 
of the States," and to consist of one delegate from 
each state, and to appoint such other committees and 
civil officers as may be necessary for managing the 
general affairs of the United States under their direc- 
tion; to appoint one of their number to preside; pro- 
vided that no person be allowed to serve in the office 
of president more than one year in any term of three 
years; to ascertain the necessary sums of money to be 
raised for the service of the United States, and to 
appropriate and apply the same for defraying the pub- 
lic expenses; to borrow money or emit bills on the 
credit of the United States, transmitting every half 
year to the respective states an account of the sums 
of money so borrowed or emitted; to build and equip 
a navy; to agree upon the number of land forces, and 
to make requisitions from each state for its quota, in 
proportion to the number of white inhabitants in such 



254 ARTICLES OF CONFEDERATION. 

State, which requisition shall be binding; and there- 
upon the legislature of each state shall appoint the 
regimental officers, raise the men, and clothe, arm, 
and equip them in a soldier-Hke manner, at the ex- 
pense of the United States; and the officers and men 
so clothed, armed, and equipped shall march to the 
place appointed, and within the time agreed on by 
the United States, in Congress assembled; but if the 
United States, in Congress assembled, shall, on con- 
sideration of circumstances, judge proper that any state 
should not raise men, or should raise a smaller number 
than its quota, and that any other state should raise a 
greater number of men than the quota thereof, such 
extra number shall be raised, officered, clothed, armed 
and equipped in the same manner as the quota of such 
state, unless the legislature of such state shall judge 
that such extra number cannot be safely spared out of 
the same, in which case they shall raise, officer, clothe, 
arm, and equip as many of such extra number as they 
judge can be safely spared, and the officers and men 
so clothed, armed, and equipped shall march to the 
place appointed, and within the time agreed on by the 
United States, in Congress assembled. 

The United States, in Congress assembled, shall 
never engage in a war, nor grant letters of marque and 
reprisal in time of peace, nor enter into any treaties or 
alliances, nor coin money, nor regulate the value 
thereof, nor ascertain the sums and expenses neces- 
sary for the defense and welfare of the United States, 
or any of them, nor emit bills, nor borrow money on 
the credit of the United States, nor appropriate money, 
nor agree upon the number of vessels of war to be built 
or purchased, or the number of land or sea forces to 



ARTICLES OF COXFEDERA TION. 255 

be raised, nor appoint a commander in chief of the 
army or navy, unless nine states assent to the same, 
nor shall a question on any other point, except for 
adjourning from day to day, be determined, unless by 
the votes of a majority of the United States, in Con- 
gress assembled. 

The Congress of the United States shall have power 
to adjourn to any time within the year^ and to any 
place within the United States, so that no period of 
adjournment be for a longer duration than the space 
of six months; and shall publish the journal of their 
proceedings monthly, except such parts thereof relating 
to treaties, alliances, or military operations as in their 
judgment require secrecy; and the yeas and nays of 
the delegates of each state, on any question, shall be 
entered on the journal when it is desired by any dele- 
gate; and the delegates of a state, or any of them, at 
his or their request, shall be furnished with a tran- 
script of the said journal except such parts as are above 
excepted, to lay before the legislatures of the several 
states. 

ARTICLE X. 

The committee of the states, or any nine of them, 
shall be authorized to execute, in the recess of Con- 
gress, such of the powers of Congress as the United 
States, in Congress assembled, by the consent of nine 
states shall, from time to time, think expedient to vest 
them with; provided that no power be delegated to 
the said committee, for the exercise of which, by the 
Articles of Confederation, the voice of nine states 
in the Congress of the United States assembled is 
requisite. 



256 ARTICLES OF CONFEDERATION, 



ARTICLE XI. 

Canada, acceding to this Confederation, and joining 
in the measures of the United States, shall be admitted 
into, and entitled to all the advantages of this Union; 
but no other colony shall be admitted into the same, 
unless such admission be agreed to by nine states. 

ARTICLE XII. 

All bills of credit emitted, moneys borrowed, and 
debts contracted by or under the authority of Con- 
gress, before the assembling of the United States, in 
pursuance of the present Confederation, shall be 
deemed and considered as a charge against the United 
States, for payment and satisfaction whereof the said 
United States and the public faith are hereby solemnly 
pledged. 

ARTICLE XIII. 

Every state shall abide by the determinations of the 
United States, in Congress assembled, on all questions 
which by this Confederation are submitted to them. 
And the Articles of this Confederation shall be inviola- 
bly observed by every state, and the Union shall be 
perpetual; nor shall any alteration at any time here- 
after be made in any of them, unless such alteration be 
agreed to in a Congress of the United States, and be 
afterwards confirmed by the legislatures of every state. 

And whereas it hath pleased the great Governor of 
the world to incline the hearts of the legislatures we 
respectively represent in Congress to approve of, and to 
authorize us to ratify, the said Articles of Confedera- 
tion and perpetual Union, know ye, that we, the 



ARTICLES OF CONFEDERA TION. 257 

undersigned delegates, by virtue of the power and au- 
thority to us given for that purpose, do, by these 
presents, in the name and in behalf of our respective 
constituents, fully and entirely ratify and confirm each 
and every of said Articles of Confederation and per- 
petual Union, and all and singular the matters and 
things therein contained. And we do further solemnly 
plight and engage the faith of our respective constitu- 
ents, that they shall abide by the determinations of 
the United States, in Congress assembled, on all ques- 
tions which by the said Confederation are submitted to 
them; and that the Articles thereof shall be inviolably 
observed by the states we respectively represent, and 
that the Union shall be perpetual. 

In witness whereof we have hereunto set our 
hands in Congress. Done at Philadelphia, 
in the state of Pennsylvania, the ninth day 
of July, in the year of our Lord, one thou- 
sand seven hundred and seventy-eight, and 
in the third year of the independence of 
America. 
On the part and behalf of the state of New Hampshire. 

Josiah Bartlett, John Wentworth, Jr. 

On the part and behalf of the state of Massachusetts 
Bay. 

John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holten. 

On the part and behalf of the state of Rhode Island 
and Providence Plantations. 

William EUery, John Collins, 

Henry Marchant, 

ARK. AND THE NAT, — 17 



258 ARTICLES OF CONFEDERATION. 

On the part and behalf of the state of Connecticut. 

Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

OHver Wolcott, 
On the part and behalf of the state of New York. 

Jas. Duane, Wm. Duer, 

Fra. Lewis, Gouv. Morris. 

On the part and behalf of the state of New Jersey. 

Jno. Witherspoon, Nathl. Scudder. 

On the part and behalf of the state of Pennsylvania. 

Robt. Morris, William Clingan, 

Daniel Roberdeau, Joseph Reed. 

Jona. Bayard Smith, 
On the part and behalf of the state of Delaware. 

Tho. M'Kean, Nicholas Van Dyke. 

John Dickinson, 
On the part and behalf of the state of Maryland. 

John Hanson, Daniel Carroll. 

On the part and behalf of the state of Virginia. 

Richard Henry Lee, Jno. Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 
On the part and behalf of the state of North Carolina. 

John Penn, Jno. Williams. 

Corns. Harnett, 
On the part and behalf of the state of South Carolina. 

Henry Laurens, Richd. Hutson, 

William Henry Drayton, Thos. Heyward, Jr. 

Jno. Mathews, 
On the part and behalf of the state of Georgia. 

Jno. Walton, Edwd. Langworthy. 

Edwd. Telfair, 



APPENDIX C. 

THE CONSTITUTION OF THE UNITED 
STATES. 

PREAMBLE. 

We, the people of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defense, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America. 

ARTICLE I. LEGISLATIVE DEPARTMENT. 

SECTION I. CONGRESS IN GENERAL. 

All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

SECTION II. HOUSE OF REPRESENTATIVES. 

1. The House of Representatives shall be composed 
of members chosen every second year by the people of 
the several states, and the electors in each state shall 
have the qualifications requisite for electors of the 
most numerous branch of the state legislature. 

2. No person shall be a representative who shall not 
have attained the age of twenty-five years, and been 
seven years a citizen of the United States, and who 

[259] 



26o CONSTITUTION OF UNITED STA TES. 

shall not, when elected, be an inhabitant of that state 
in which he shall be chosen. 

3. Representatives and direct taxes shall be appor- 
tioned among the several states which may be included 
within this Union, according to their respective num- 
bers, which shall be determined by adding to the whole 
number of free persons, including those bound to ser- 
vice for a term of years, and excluding Indians not 
taxed, three fifths of all other persons.^ The actua 
enumeration shall be made w^ithin three years after the 
first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such 
manner as they shall by law direct. The number of 
representatives shall not exceed one for every thirty 
thousand, but each state shall have at least one repre- 
sentative; and until such enumeration shall be made, 
the state of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Provi- 
dence Plantations one, Connecticut five, New York six, 
New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five. South 
Carolina five, and Georgia three. 

4. When vacancies happen in the representation from 
any state, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole 
power of impeachment. 

SECTION III. SENATE. 

I. The Senate of the United States shall be com- 
posed of two senators from each state, chosen by thq 

1. The last half of this clause has been superseded by the 13th and i^XXi . 
amendments. (See page 280.) 



CONSTITUTION OF UNITED STATES, 261 

legislature thereof, for six years; and each senator 
shall have one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided as 
equally as may be into three classes. The seats of the 
senators of the first class shall be vacated at the expira- 
tion of the second year; of the second class, at the 
expiration of the fourth year, and of the third class, at 
the expiration of the sixth year, so that one third may 
be chosen every second year; and if vacancies happen 
by resignation or otherwise during the recess of the 
legislature of any state, the executive thereof may 
make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine years 
a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state for which he 
shall be chosen. 

4. The vice president of the United States shall be 
president of the Senate, but shall have no vote, unless 
they be equally divided. 

5. The Senate shall choose their other officers, and 
also a president pro tejnpore in the absence of the vice 
president, or when he shall exercise the office of Presi- 
dent of the United States. 

6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 
of the United States is tried, the chief justice shall 
preside; and no person shall be convicted without the 
concurrence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not ex- 



262 CONSTITUTION OF UNITED STA TES. 

tend further than to removal from office, and disquali- 
fication to hold and enjoy any office of honor, trust, or 
profit under the United States; but the party con- 
victed, shall, nevertheless, be liable and subject to in- 
dictment, trial, judgment, and punishment, according 
to law. 

SECTION IV. BOTH HOUSES. 

1. The times, places, and manner of holding elec- 
tions for senators and representatives shall be pre- 
scribed in each state by the legislature thereof; but the 
Congress may at any time by law make or alter such 
regulations, except as to the places of choosing sena- 
tors. 

2. The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday of 
December, unless they shall by law appoint a different 
day. 

SECTION V. THE HOUSES SEPARATELY. 

1. Each house shall be the judge of the elections, 
returns, and qualifications of its own members, and a 
majerity of each shall constitute a quorum to do busi- 
ness; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance 
of absent members in such manner, and under such 
penalties, as each house may provide. 

2. Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and with the concurrence of two thirds, expel a 
member. 

3. Each house shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may in their judgment require secrecy, 



COXSTITUTIO.V OF UIVITED STATES. 263 

and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two houses shall be sitting. 

SECTION VI. PRIVILEGES AND DISABILITIES OF MEMBERS. 

1. The senators and representatives shall receive a 
compensation for their services, to be ascertained by 
law and paid out of the treasury of the United States. 
They shall, in all cases except treason, felony, and 
breach of the peace, be privileged from arrest during 
their attendance at the session of their respective 
houses, and in going to and returning from the same; 
and for any speech or debate in either house they shall 
not be questioned in any other place. 

2. No senator or representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments 
whereof shall have been increased during such time; 
and no person holding any office under the United 
States shall be a member of either house during his 
continuance in office. 

SECTION VII. MODE OF PASSING LAWS. 

1. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose 
or concur with amendments as on other bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate shall, before it become 
a law, be presented to the President of the United 



264 CONSTITUTION- OF UNITED STATES. 

States; if he approves he shall sign it, but if not he 
shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the ob- 
jections at large on their journal and proceed to recon- 
sider it. If after such reconsideration two thirds of 
that house shall agree to pass the bill, it shall be sent, 
together with the objections, to the other house, by 
which it shall likewise be reconsidered, and if approved 
by two thirds of that house it shall become a law. 
But in all such cases the votes of both houses shall be 
determined by yeas and nays, and the names of the per- 
sons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill 
shall not be returned by the President within ten days 
(Sundays excepted), after it shall have been presented 
to him, the same shall be a law, in like manner as if he 
had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 
3. Every order, resolution, or vote to which the con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of adjourn- 
ment), shall be presented to the President of the United 
States; and before the same shall take effect, shall be 
approved by him, or being disapproved by him, shall 
be repassed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations 
prescribed in the case of a bill. 

SECTION VIII. POWERS GRANTED TO CONGRESS. 

The Congress shall have power: 

I. To lay and collect taxes, duties, imposts, and ex- 
cises, to pay the debts and provide for the common 
defense and general welfare of the United States; but 



COySTITUTION OF U.VITED STATES, 265 

all duties, imposts, and excises shall be uniform 
throughout the United States; 

2. To borrow money on the credit of the United 
States; 

3. To regulate commerce with foreign nations and 
among the several states, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the United States; 

5. To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures; 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States; 

7. To estabUsh post offices and post roads; 

8. To promote the progress of science and useful 
arts by securing for limited times to authors and in- 
ventors the exclusive right to their respective writings 
and discoveries; 

9. To constitute tribunals inferior to the supreme 
court; 

10. To define and punish piracies and felonies com- 
mitted on the high seas and offenses against the law 
of nations ; 

11. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land 
and water; 

12. To raise and support armies, but no appropria- 
tion of money to that use shall be for a longer term 
than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regula- 
tion of the land and naval forces; 



266 CONSTITUTIOhr OF UNITED STATES. 

15. To provide for calling forth the mihtia to execute 
the laws of the Union, suppress insurrections, and 
repel invasions; 

16. To provide for organizing, arming, and disci- 
plining the militia, and for governing such part of them 
as may be employed in the service of the United States, 
reserving to the states respectively the appointment of 
the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

17. To exercise executive legislation in all cases 
whatsoever over such district (not exceeding ten miles 
square) as may, by cession of particular states and the 
acceptance of Congress, become the seat of the gov- 
ernment of the United States,^ and to exercise like au- 
thority over all places purchased by the consent of the 
legislature of the state in which the same shall be, for 
the erection of forts, magazines,' arsenals, dockyards, 
and other needful buildings; and 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing 
powers, and all other powers vested by this Constitu- 
tion in the government of the United States, or in any 
department or officer thereof. 

SECTION IX. POWERS DENIED TO THE UNITED STATES. 

I. The migration or importation of such persons as 
any of the states now existing shall think proper to 
admit shall not be prohibited by the Congress prior to 
the year one thousand eight hundred and eight, but 
a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 2 

1. The District, of Columbia which comes under these regulations was 
erected later. 

2. A temporary clause, no longer in force. 



COXSTITUTIOX OF UNITED STATES. 267 

2. The privilege of the writ of habeas corpus shall 
not be suspended, unless when in cases of rebellion or 
invasion the public safety may require it. 

3. No bill of attainder or ex post facto law shall be 
passed. 

4. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration here- 
inbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any state. 

6. No preference shall be given by any regulation of 
commerce or revenue to the ports of one state over 
those of another; nor shall vessels bound to or from 
one state be obliged to enter, clear, or pay duties in 
another. 

7. No money shall be drawn from the treasury but 
in consequence of appropriations made by law; and a 
regular statement and account of the receipts and ex- 
penditures of all public money shall be published from 
time to time. 

8. No title of nobility shall be granted by the United 
States; and no person holding any office of profit or 
trust under them shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title, 
of any kind whatever, from any king, prince, or 
foreign state. 

SECTION X. POWERS DENIED TO THE STATES. ^ 

I. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; 
coin money; emit bills of credit; make anything but 
gold and silver coin a tender in payment of debts; pass 

I. See also, the 10th, 13th, 14th and 15th amendments. (Pages 278, 280-282). 



268 COiVSTITUTIOiV OF UNITED STATES. 

any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 

2. No state shall, without the consent of Congress, 
lay any imposts or duties on imports or exports, ex- 
cept what may be absolutely necessary for executing 
its inspection laws; and the net produce of all duties 
and imposts, laid by any state on imports or exports, 
shall be for the use of the treasury of the United 
States; and all such laws shall be subject to the re- 
vision and control of the Congress. 

3. No state shall, without the consent of Congress, 
lay any duty of tonnage, keep troops or ships of war in 
time of peace, enter into any agreement or compact 
with another state or with a foreign power, or engage 
in war, unless actually invaded or in such imminent 
danger as will not admit of delay. 

ARTICLE II. EXECUTIVE DEPARTMENT. 

SECTION I. PRESIDENT AND VICE PRESIDENT. 

1. The executive power shall be vested in a Presi- 
dent of the United States of America. He shall hold 
his office during the term of four years, and together 
with the vice president, chosen for the same term, be 
elected as follows: 

2. Each state shall appoint, in such manner as the 
legislature thereof may direct, a number of electors, 
equal to the whole number of senators and representa- 
tives to w^hich the state may be entitled in the Con- 
gress; but no senator or representative, or person 
holding an office of trust or profit under the United 
States, shall be appointed an elector. 

3. The electors shall meet in their respective states 
and vote by ballot for two persons, of whom one at 



COXSTITUTION OF UNITED STATES. 269 

least shall not be an inhabitant of the same state with 
themselves. And they shall make a list of all the per- 
sons voted for, and of the number of votes for each; 
which list they shall sign and certify, and transmit 
sealed to the seat of government of the United States, 
directed to the president of the Senate. The presi- 
dent of the Senate shall in the presence of the Senate 
and House of Representatives, open all the certifi- 
cates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the Presi- 
dent, if such number be a majority of the whole number 
of electors appointed; and if there be more than one 
who have such majority, and have an equal number of 
votes, then the House of Representatives shall imme- 
diately choose by ballot one of them for president ; and 
if no person have a majority, then from the five highest 
on the list the said House shall in like manner choose 
the President. But in choosing the President the votes 
shall be taken by states, the representation from each 
state having one vote; a quorum for this purpose shall 
consist of a member or members from two thirds of 
the states, and a majority of all the states shall be 
necessary to a choice. In every case, after the choice 
of the President, the person having the greatest num- 
ber of votes of the electors shall be the vice president. 
But if there should remain two or more who have equal 
votes, the Senate shall choose from them by ballot the 
vice president.^ 

4. The Congress may determine the time of choos- 
ing the electors and the day on which they shall give 
their votes, which day shall be the same throughout 
the United States. 

I, This paragraph has been superseded by the 12th amendment, (See p. 278.} 



270 CONSTITLTTION^ OF UNITED STA TES, 

5. No person except a natural-born citizen, or a citi- 
zen of the United States at the time of the adoption of 
this Constitution, shall be eligible to the office of 
President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within 
the United States. 

6. In case of the removal of the President from 
office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the same 
shall devolve on the vice president, and the Congress 
may by law provide for the case of removal, death, 
resignation, or inability, both of the President and vice 
president, declaring what officer shall then act as Presi- 
dent, and such officer shall act accordingly until the 
disability be removed or a President shall be elected. 

7. The President shall, at stated times, receive for 
his services, a compensation, which shall neither be 
increased nor diminished during the period for which 
he may have been elected, and he shall not receive 
within that period any other emolument from the 
United States or any of them. 

8. Before he enter on the execution of his office he 
shall take the following oath or affirmation: 

'* I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, 
and will to the best of my ability preserve, protect, 
and defend the Constitution of the United States.'* 

SECTION II. POWERS OF THE PRESIDENT. 

I. The President shall be commander in chief of the 
army and navy of the United States, and of the militia 
of the several states when called into the actual ser- 



CONSTITUTION OF UNITED STA TES, 271 

vice of the United States; he may require the opinion, 
in writing, of the principal officer in each of the execu- 
tive departments, upon any subject relating to the 
duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeach- 
ment. 

2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two 
thirds of the senators present concur; and he shall 
nominate, and, by and with the advice and consent of 
the Senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the supreme court, 
and all other officers of the United States, whose ap- 
pointments are not herein otherwise provided for, and 
which shall be established by law; but the Congress 
may by law vest the appointment of such inferior offi- 
cers, as they think proper, in the President alone, in 
the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all va- 
cancies that may happen during the recess of the Senate, 
by granting commissions which shall expire at the end 
of their next session. 

SECTION III. DUTIES OF THE PRESIDENT. 

He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend 
to their consideration such measures as he shall judge 
necessary and expedient; he may, on extraordinary 
occasions, convene both houses, or either of them, and 
in case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such 
time as he shall think proper; he shall receive amba§- 



272 CONSTITUTION OF UNITED STA TES. 

sadors and other public ministers; he shall take care 
that the laws be faithfully executed, and shall commis- 
sion all the officers of the United States. 

SECTION IV. IMPEACHMENT. 

The President, vice president, and all civil officers of 
the United States shall be removed from office on im- 
peachment for and conviction of treason, bribery, or 
other high crimes and misdemeanors. 

ARTICLE III. JUDICIAL DEPARTMENT. 

SECTION I. UNITED STATES COURTS. 

The judicial power of the United States shall be 
vested in one supreme court, and in such inferior 
courts as the Congress may from time to time ordain 
and establish. The judges, both of the supreme and 
inferior courts, shall hold their offices during good be- 
havior, and shall, at stated times, receive for their 
services a compensation which shall not be diminished 
during their continuance in office. 

SECTION II. JURISDICTION OF THE UNITED STATES 

COURTS. 

I. The judicial power shall extend to all cases, in 
law and equity, arising under this Constitution, the 
laws of the United States, and treaties made, or which 
shall be made, under their authority; to all cases 
affecting ambassadors, other public ministers, and 
consuls; to controversies to which the United States 
shall be a party; to controversies between two or more 
states; between a state and citizens of another state ;^ 
between citizens of different states; between citizens 
of the same state claiming lands under grants of 

I, See the nth amendment, (Page 278.) 



CONSTITUTION OF UNITED STA TES. 273 

different states, and between a state, or the citizens 
thereof, and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a state shall 
be a party, the supreme court shall have original juris- 
diction. In all the other cases before mentioned the 
supreme court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and under 
such regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury; and such trial shall be held in 
the state where the said crimes shall have been com- 
mitted; but when not committed within any state, the 
trial shall be at such place or places as the Congress 
may by law have directed. 

SECTION III. TREASON. 

1. Treason against the United States shall consist 
only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort. No per- 
son shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or on 
confession in open court. 

2. The Congress shall have power to declare the 
punishment of treason, but no attainder of treason 
shall work corruption of blood or forfeiture except 
during the life of the person attainted. 

ARTICLE IV. THE STATE AND THE FED- 
ERAL GOVERNMENT. 

SECTION I. STATE RECORDS. 

Full faith and credit shall be given in each state to 
the public acts, records, and judicial proceedings of 

ARK, AND THE NAT, — 18 



274 CONSTITUTION OF UNITED STATES. 

every other state. And the Congress may by general 
laws prescribe the manner in which such acts, records, 
and proceedings shall be proved, and the effect thereof. 

SECTION II. PRIVILEGES OF CITIZENS, ETC. 

1. The citizens of each state shall be entitled to all 
privileges and immunities of citizens in the several 
states. 

2. A person charged in any state with treason, 
felony, or other crime, who shall flee from justice, and 
be found in another state, shall, on demand of the 
executive authority of the state from which he fled, be 
delivered up, to be removed to the state having juris- 
diction of the crime. 

3. No person held to service or labor in one state, 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor, but shall be 
delivered upon claim of the party to whom such service 
or labor may be due.^ 

SECTION III. NEW STATES AND TERRITORIES. 

1. New states may be admitted by the Congress into 
this Union; but no new state shall be formed or 
erected within the jurisdiction of any other state; nor 
any state be formed by the junction of two or more 
states or parts of states, without the consent of the 
legislatures of the states concerned as well as of the 
Congress. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United 

J, See the J3th amendment. (Page ?8q,) 



COXSTITUTION OF UNITED STATES, 275 

States; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States or of any particular state. 

SECTION IV. GUARANTY TO THE STATES. 

The United States shall guarantee to every state in 
this Union a republican form of government, and shall 
protect each of them against invasion, and on applica- 
tion of the legislature, or of the executive (when the leg- 
islature cannot be convened), against domestic violence. 

ARTICLE V. POWER OF AMENDMENT. 

The Congress, whenever two thirds of both houses 
shall deem it necessary, shall propose amendments to 
this Constitution, or, on the application of the legisla- 
tures of two thirds of the several states, shall call a 
convention for proposing amendments, which in either 
case shall be valid to all intents and purposes as part 
of this Constitution, when ratified by the legislatures 
of three fourths of the several states, or by conven- 
tions in three fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress 
provided that no amendments which may be made 
prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no 
state, without its consent, shall be deprived of its 
equal suffrage in the Senate! 

ARTICLE VI. PUBLIC DEBT, SUPREMACY OF 
THE CONSTITUTION, OATH OF OFFICE, 
RELIGIOUS TEST. 

I. All debts contracted, and engagements entered 
into, before the adoption of this Constitution, 3hall be 



276 CONSTITUTION OF UNITED STATES. 

as valid against the United States under this Constitu- 
tion as under the Confederation. 

2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made., under the 
authority of the United States, shall be the supreme 
law of the land; and the judges in every state shall be 
bound thereby, anything in the Constitution or laws 
of any state to the contrary notwithstanding. 

3. The senators and representatives before men- 
tioned, and the members of the state legislatures, and 
all executive and judicial officers, both of the United 
States and of the several states, shall be bound by oath 
or affirmation to support this Constitution; but no 
religious test shall ever be required as a qualification 
to any office or public trust under the United States. 

ARTICLE VII. RATIFICATION OF THE CON- 
STITUTION. 

The ratification of the conventions of nine states 
shall be sufficient for the establishment of this Consti- 
tution between the states so ratifying the same. 

Done in convention by the unanimous consent 
of the states present, the seventeenth day 
of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, 
and of the independence of the United 
States of America, the twelfth. In witness 
whereof, we have hereunto subscribed our 
names. 
George Washington, President, and deputy from 

Virginia. 
New Hampshire — John Langdon, Nicholas Oilman. 



COXSTITUTIOX OF UXITED STATES, 277 

Massachusetts — Nathaniel Gorham, Rufus King. 

Connecticut — William Samuel Johnson, Roger Sher- 
man. 

New York — Alexander Hamilton. 

New Jersey — William Livingston, David Brearly, 
William Patterson, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, 
Robert Morris, George Clymer, Thomas Fitzsimons, 
Jared Ingersoll, James Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., 
John Dickinson, Richard Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel of St. Thomas 
Jenifer, Daniel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs 
Spaight, Hugh Williamson. 

South Carolina — John Rutledge, Charles Cotes- 
worth Pinckney, Charles Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary. 



AMENDMENTS. 

article I. 
Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech or of the press; or 
the right of the people peaceably to assemble, and to 
petition the government for a redress of grievances. 

ARTICLE 11. 
A well-regulated militia being necessary to the se- 
curity of a free state, the right of the people to keep 
and bear arms shall not be infringed. 



278 CONSTITUTION OF UNITED STATES. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in 
time of war, but in a manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no 
warrants shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describ- 
ing the place to be searched, and the persons or things 
to be seized, 

ARTICLE V. 

No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in 
the land or naval forces, or in the militia, when in 
actual service in time of war or public danger; nor 
shall any person be subject for the same offense to be 
twice put in jeopardy of life or limb; nor shall be com- 
pelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty or property, 
without due process of law, nor shall private property 
be taken for public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the state and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law; and to be informed of 
the nature and cause of the accusation; to be con- 



COXSTITUI^IOX OF UNITED STATES. 279 

fronted with the witnesses against him; to have com- 
pulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved, and no fact tried by a jury 
shall be otherwise reexamined in any court of the 
United States, than according to the rules of the com- 
mon law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage 
others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the states, are 
reserved to the states respectively or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States 
by citizens of another state, or by citizens or subjects 
of any foreign state. 

ARTICLE XII. 

I. The electors shall meet in their respective states 
and vote by ballot for President and vice president, one 



28o CONSTITUTION OF UNITED STA TES. 

of whom, at least, shall not be an inhabitant of the 
same state with themselves. They shall name in their 
ballots the person voted for as President, and in dis- 
tinct ballots the person voted for as vice president, 
and they shall make distinct lists of all persons voted 
for as President and of all persons voted for as vice 
president, and of the number of votes for each; which 
lists they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, 
directed to the president of the Senate. The presi- 
dent of the Senate shall, in the presence of the Senate 
and House of Representatives, open all the certificates, 
and the votes shall then be counted. The person hav- 
ing the greatest number of votes for President shall be 
the President, if such number be a majority of the 
whole number of electors appointed; and if no person 
have such majority, then from the persons having the 
highest numbers not exceeding three on the list of 
those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the Presi- 
dent. But in choosing the President the votes shall 
be taken by states, the representation from each state 
having one vote; a quorum for this purpose shall con- 
sist of a member or members from two thirds of the 
states, and a majority of all the states shall be neces- 
sary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of 
choice shall devolve upon them, before the fourth day 
of March next following, then the vice president shall 
act as President, as in the case of the death or other 
constitutional disability of the President. 

2. The person having the greatest number of votes 
as vice president shall be the vice president, if such 



CONSTITUTION OF UNITED STATES, 281 

number be a majority of the whole number of electors 
appointed; and if no person have a majority, then 
from the two highest numbers on the list the Senate 
shall choose the vice president; a quorum for the pur- 
pose shall consist of two thirds of the whole number 
of senators, and a majority of the whole number shall 
be necessary to a choice. 

3. But no person constitutionally ineligible to the 
office of President shall be eligible to that of vice 
president of the United States. 

ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United 
States or any place subject to their jurisdiction. 

2. Congress shall have power to enforce this article 
by appropriate legislation. 

ARTICLE XIV. 

1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the state wherein 
they reside. No state shall make or enforce any law 
which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state de- 
prive any person of life, liberty, or property, without 
due process of law; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

2. Representatives shall be apportioned among the 
several states according to their respective numbers, 
counting the whole number of persons in each state, 
excluding Indians not taxed. But when the right to 



282 COXSTITUTION OF UXITED STATES. 

vote at any election for the choice of electors for 
President and vice president of the United States, 
representatives in Congress, the executive and judicial 
officers of a state, or the members of the legislature 
thereof, is denied to any of the male inhabitants of 
such state, being twenty-one years of age, and citizens 
of the United States, or in any way abridged, except 
for participation in rebellion, or other crime, the basis 
of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one 
years of age in such state. 

3. No person shall be a senator or representative in 
Congress, or elector of President and vice president, 
or hold any office, civil or military, under the United 
States or under any state, who, having previously taken 
an oath as member of Congress, or as an officer of the 
United States, or as a member of any state legislature, 
to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the 
same, or given aid or comfort to the enemies thereof. 
But Congress may, by a vote of two thirds of each 
house, remove such disability. 

4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for 
payment of pensions and bounties for services in sup- 
pressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor any state 
shall assume or pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of 
any slave; but all such debts, obligations, and claims 
shall be held illegal and void. 



COXSTITUTIO.V OF UNITED STATES. 283 

5. The Congress shall have power to enforce, by ap- 
propriate legislation, the provisions of this article. 

ARTICLE XV. 

1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States 
or by any state on account of race, color, or previous 
condition of servitude. 

2. The Congress shall have power to enforce this 
article by appropriate legislation. 



284 CONSTITUTION OF UNITED STA TES, 

TABLE OF STATES AND TERRITORIES. 















G 
. 



> 


Dates. 




No. 


Names. 


Area in 
sq. m. 


Popula- 
tion, 1890. 




V- 00 

M 

<u 


d 


fi787. Dec. 


7 


I 


Delaware 


2,050 


168,493 


1 


3 


.2 


Dec. 


12 


2 


Pennsylvania 


45,215 


5,258,014 


30 


32 


3 


Dec. 


18 


3 


New Jersey 


7,815 


I » 444. 933 


8 


10 




1788, Jan. 


2 


4 


Georgia 


59*475 


1,837,353 


II 


JO 


O! 


Jan. 


9 


5 


Connecticut 


4,990 


746,258 


4 


6 


o 


Feb. 


7 


6 


Massachusetts 


8,315 


2,238,943 


13 


15 


U - 


April 


28 


7 


Maryland 


12,210 


1,042,390 


6 


8 


a; 


May 


23 


8 


South Carolina 


30, 570 


i,i5i,J49 


7 


9 


s^ 


June 
June 


21 


9 


New Hampshire 


9 005 


376,530 


2 


4 


y. 


25 


10 


Virginia 


42,450 


1,655,980 


10 


12 


U3 


July 


26 


II 


New York 


49, ^70 


5,997,853 


34 


36 




1789, Nov. 


21 


12 


North Carolina 


52,250 


1,617,947 


9 


II 




1790, May 


29 


13 


Rhode Island 


1,250 


345, 506 


2 


4 


1791, March 


4 


14 


Vermont 


9,565 


332,422 


2 


4 




1792, June 


I 


T5 


Kentucky 


40, 400 


1,858,635 


II 


13 




1796, June 


I 


16 


Tennessee 


42,050 


1,767,518 


10 


12 




1803, Feb. 


19 


17 


Ohio 


41,060 


3,672, cii6 


21 


23 




1812, April 


30 


18 


Louisiana 


48, 720 


1,118,587 


6 


8 




1816, Dec. 


II 


19 


Indiana 


36, 350 


2. 192,404 


13 


15 




1817, Dec. 


10 


20 


Mississippi 


46, 810 


I, 289,600 


7 


9 




1818, Dec. 


3 


21 


Illinois 


56, 650 


3,826,351 


22 


24 




1819, Dec. 


14 


22 


Alabama 


52,250 


1,513.017 


9 


II 


d 


1820, March 


15 


23 


Maine 


33,040 


661,086 


4 


6 


.2 


1821, Aug. 


10 


24 


Missouri 


69,415 


2,679,184 


15 


17 


*c 


1836, June 


15 


25 


Arkansas 


53.850 


1,128,179 


6 


8 


X^ 


1837, Jan. 


26 


26 


Michigan 


58,915 


2,093,889 


12 


14 




1845, March 


3 


27 


Florida 


58, 680 


391,422 


2 


4 




1845, Dec. 


29 


28 


Texas 


265,780 


2,235,523 


13 


15 


§^ 


1846, Dec. 


28 


29 


Iowa 


56,025 


1,911,896 


II 


13 


.S 


1848, May 


29 


30 


Wisconsin 


56, 040 


1,686,880 


10 


12 


ID 


1850, Sept. 


9 


31 


California 


158,360 


1,208,130 


7 


9 


QJ 


1858, May 


II 


32 


Minnesota 


83,365 


1,301,826 


7 


9 


6 


1859, Feb. 


14 


33 


Oregon 


96,030 


313,767 


2 


4 


1861, Jan. 


29 


34 


Kansas 


82,080 


1,427,096 


8 


ID 


< 


1863. June 


20 


35 


West Virginia 


24, 780 


762,794 


4 


6 




1864, Oct. 


31 


36 


Nevada 


110,700 


45,761 


I 


3 




1867, March 


I 


37 


Nebraska 


77,5^0 


1,058.910 


6 


8 




1876, Aug. 


I 


38 


Colorado 


103,925 


412,198 


2 


4 




1889, Nov. 


2 ^ 


39 


North Dakota ) 
South Dakota f 


70, 795 


182, 719 


I 


3 




^ 1 


40 


77,650 


328,808 


2 


4 




1889, Nov. 


8 


41 


Montana 


146, 080 


132,159 


I 


3 




1889, Nov. 


II 


42 


Washington 


69, 180 


349, 390 


2 


4 




1890, July 


3 


43 


Idaho 


84,800 


84,385 


I 


3 




1890, July 


10 


44 


Wyoming 


97. 890 


60, 705 


I 


3 




,1896, Jan. 


4 


45 


Utah 


84,970 


207, Q05 


I 


3 


i> 


'1790, July 


16 




Dist. of Columbia 


70 


230, 392 






N 


1834, June 


30 




Indian Territory 


31,400 


186,490 






c 

rt - 


1850, Sept. 


9 




New Mexico 


122, 580 


153093 






1863, Feb. 


24 




Arizona 


113,020 


59, 620 






o 


1868, July 


27 




Alaska 


577, 390 


32,050 




^ 1 1890, May 


2 




Oklahoma 


39,030 


61,834 





) total House of Representatives 357; + Senate 90 =electoral votes, 447. 



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